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Madras High CourtCRP/323/2018dismissed

S.K.Sivakumar Sapathi v. Babu Naidu

2021-07-19Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN C.R.P (NPD) No.323 of 2018 and C.M.P.No.1762 of 2018 S.K.Sivakumar Sapathi ... Petitioner Vs.

1. Babu Naidu

2. R.Anguraj Naidu

3. G.Srinivasa Naidu

4. N.S.Vijayakumar Naidu Arulmigu Devisree Ellamman Devasthanan heredity Trustees

5. K.Baskar Naidu (President) R.Gunasekaran Naidu (Deceased)

6. R.Udhayakumar @ Balu (Treasurer)

7. The President Walajapath Taluk Consumer, Welfare Association and Protection Society Pillaiyar Kovil Street, Uthukadu Village & Post, Kancheepuram District.

... Respondents 1/4

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order dated 12.10.2017 in SR.No.361 of 2017 in C.C.No.48 of 2013 passed by the District Consumer Disputes Redressal Forum at Chengalpet.

For Petitioner : Mr.S.Arivazhagan For Respondents : Mr.A.Arumugam (for R-3 to R-6) Notice Served (No Appearance) (for R-1 and R-7) : Not Ready in Notice (For R-2)

O R D E R

This Civil Revision Petition is filed as against order dated 12.10.2017 in SR.No.361 of 2017 in C.C.No.48 of 2013 passed by the District Consumer Disputes Redressal Forum at Chengalpet.

2. As against the order passed by the District Consumer Rederessal Forum, Chengalpet, there is an appeal remedy under Section 41 of the Consumer Protection Act before the State Commission. Therefore, this Civil Revision Petition is not maintainable.

3. Accordingly, this Civil Revision Petition is dismissed. However, the petitioner is at liberty to file an appeal before the State Commission and 2/4

the period of the pendency of this Civil Revision Petition may be excluded while calculating the limitation to file an appeal. Consequently, the connected Miscellaneous Petition is closed. No costs. 19.07.2021 Speaking/Non-speaking order Index : Yes/No kv To

1. The District Consumer Disputes Redressal Forum, Chengalpet.

2. The Section Officer, V.R. Section, High Court of Madras.

3/4

G.K.ILANTHIRAIYAN,J.

Kv C.R.P (NPD) No.323 of 2018 19.07.2021 4/4