Lalit Gopal v. Shravan Kumar Sahu

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Art. 227) No.725 of 2016 Lalit Gopal, S/o B.P. Gopal, Manager, Ruchi Real Heights & Allied Ltd., R/o Parihar Gali, Near Mahila Thana, Masanganj, Tahsil & District Bilaspur (C.G.) (Non-applicant No.1) ---- Petitioner

Versus

1. Shravan Kumar Sahu, S/o Rammau Sahu, Aged about 30 years, R/o Bahtrayi, Tahsil & District Bilaspur (C.G.) (Complainant)

2. Shiv Prasad Viram, S/o Mohan Viram, Aged about 31 years, R/o Ganga Shopping Mall, Khamtarayi, Raipur, Tahsil & District Raipur (C.G.) (Non-applicant No.2)

3. Smt. Priti Saraf, W/o Rupesh Saraf, Aged about 36 years, R/o Civil Line, Raipur, Tahsil & District Raipur (C.G.) (Non-applicant No.3) ---- Respondents For Petitioner:

Mr. Animesh Verma, Advocate.

For Respondent No.1:

Mr. Suryakant Mishra, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 20/09/2017

1. Learned counsel for the petitioner submits that the order passed by the District Consumer Disputes Redressal Forum dated 5-4-2016 is without jurisdiction and without authority of law.

2. Learned counsel for respondent No.1 submits that the order impugned is appealable under Section 15 of the Consumer Protection Act, 1986 to which learned counsel for the petitioner objects.

3. Section 15 of the Consumer Protection Act, 1986 provides that any person aggrieved by an order made by the District Forum may prefer

an appeal against such order to the State Commission within a period of thirty days from the date of the order, in such form and manner as may be prescribed.

4. In view of the above, the petitioner is at liberty to prefer appeal before the State Commission under Section 15 of the Consumer Protection Act, 1986. Certified copy of the order impugned be returned to counsel for the petitioner on his furnishing an attested Photostat copy of the same.

5. With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge Soma