Shrikant Vishnu Gaonkar And ANR., v. Sinari Developers, Rep. By Its Partner, Dinesh Sinari And 4 ORS.,

9-WP-242-22.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 242 OF 2022 SHRIKANT VISHNU GAONKAR AND ANR.

.. PETITIONERS.

Versus

SINARI DEVELOPERS, REP. BY ITS PARTNER, DINESH SINARI AND 4 ORS., ..RESPONDENTS.

Mr. Arjun F. Naik, Advocate for the Petitioners. CORAM :

M. S. SONAK & R. N. LADDHA, JJ ..

DATED :

th AUGUST 2022 P.C.:- 1.

Heard Mr. Arjun Naik for the Petitioners.

2.

The challenge in this Petition is to the order dated 25th September 2019 made by the Goa State Consumer Disputes Redressal Commission under the provisions of the Consumer Protection Act.

3.

The Petitioners, in paragraph 18 of the Petition, have made the following statement :

"18. The Petitioners states that they have no other alternate and efficacious remedy as against the Impugned order as the Impugned order is passed contrary to the th August 2022

9-WP-242-22.DOC Provision of law and in order to prevent the abuse of the process of the court the Petitioner have approach the Hon'ble court by present petition.

"

4.

However, in terms of the Consumer Protection Act, the Petitioners have a remedy of statutory appeal before the National Commission. This position is neither disputed nor is it disputable.

5.

Therefore, in the above circumstances, we decline to entertain this writ petition. However, we leave it open to the Petitioners to resort to the alternate remedy available to them. 6.

The Petition is disposed of in the above terms. There shall be no order for costs.

R. N. LADDHA, J.

M. S. SONAK, J.

Date: 2022.08.18 10:38:51 +05'30'

SANTOSH S MHAMAL th August 2022