The A.P. Co-Op. Housing Societies Federation Limited, v. The A.P. State Consumer Disputes Redressal Commission,

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD Date:09.08.2018 Between:

The A.P. Co-Op. Housing Societies Federation Limited, Hyderabad, reptd., by its Managing Director.

.....Petitioner And:

The A.P. State Consumer Disputes Redressal Commission, Hyderabad and two others.

....Respondents Counsel for the petitioner: Ms. K.Hemalatha Counsel for respondent No.1: AGP for Civil Supplies (AP) Counsel for respondent Nos.2 & 3: None appeared The Court made the following:

CVNR, J & GSP, J Dt:09.8.2018 ORDER: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Writ Petition is filed aggrieved by order, dated 20.01.2014, passed by respondent No.1-A.P. State Consumer Disputes Redressal Commission, Hyderabad (hereinafter referred to as 'the State Commission') in F.A.No.23 of 2011, dismissing the appeal.

The petitioner filed the above appeal before the State Commission feeling aggrieved by the order of the District Consumer Disputes Redressal Forum, Nizamabad, in C.C.No.43 of 2009, dated 09.6.2011, partly dismissing the complaint. The State Commission dismissed the said appeal on merits. Admittedly, against the impugned order of the State Commission, the petitioner has an effective alternative remedy of Revision to the National Consumer Disputes Redressal Commission, New Delhi, under Section-21 of the Consumer Protection Act, 1986 (for brevity 'the Act'). In Andhra Pradesh Cooperative Housing Societies Federation Ltd., Hyderabad Vs. A.P. State Consumer Disputes Redressal Commission, Hyderabad1, a Division Bench of this Court held that the remedy of Revision under Section-21 of the Act is an effective alternative remedy and that therefore, a Writ Petition filed bypassing the said remedy need not be entertained. 1 2015(5) ALD 695 (DB)

CVNR, J & GSP, J Dt:09.8.2018 The petitioner has failed to assign any reason for not availing the alternative remedy. Therefore, the Writ Petition is dismissed giving liberty to the petitioner to avail the alternative remedy of Revision before the National Consumer Disputes Redressal Commission.

The Writ Petition is, accordingly, dismissed. As a sequel to dismissal of the Writ Petition, interim order, dated 24.3.2014, is vacated and WPMP.No.7230 of 2014 filed for interim relief shall stand dismissed as infructuous. ____________________________ JUSTICE C.V.NAGARJUNA REDDY ______________________________ JUSTICE GUDISEVA SHYAM PRASAD 09th August, 2018 DR