Deepak Rai Joshi v. District Magistrate

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 3520 of 2019 Deepak Rai Joshi S/o Amritlal Joshi, Aged About 65 Years, R/o D-7, Saket Enclave, Behind Patidar Bhawan, Mungli Road, Bilaspur, Tehsil And District Bilaspur, Chhattisgarh.

---- Petitioner

Versus

1. District Magistrate, State Consumer Disputes Redressal Forum, Bilaspur, Chhattisgarh.

2. M/s Aasma Markting Through Its Proprietor Ratnesh Jaiswal, Aged About 51, R/o Dayalband, Bilaspur, Chhattisgarh. ---- Respondents For Petitioner :

Mr. Faisal Akhtar, Advocate For State :

Mr. Ishan Verma, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 04.12.2019

1. The relief sought in the present writ petition is for an appropriate direction to the respondent no.2 for deciding the complaint case lodged by the petitioner.

2. Perusal of the record would show that the proceedings have been drawn before the respondent no.1 under the provisions of the Consumer Protection Act, 1986. Section 17 of the said Act clearly stipulates the powers and jurisdiction of the State Commission so also

Section 24(B)(2) confers administrative control of the State Commission over all the district forums within its jurisdiction and which includes the supervisory jurisdiction over all district forums.

3. Under the circumstances, this Court is of the opinion that the present writ petition in its present form would not be maintainable under the writ jurisdiction as of now. Thus, reserving the right of the petitioner to approach the State Consumer Redressal Commission, the present writ petition stands dismissed.

Sd/- P. Sam Koshy Judge Khatai