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SCA/11180/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11180 of 2010
=========================================================
PASCHIM
GUJARAT VIJ CO LTD & 1 - Petitioner(s)
Versus
DEVABHAI
MEMABHAI MYATRA - Respondent(s)
=========================================================
Appearance
:
MR
PREMAL R JOSHI for
Petitioner(s) : 1 - 2.
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 24/09/2010
ORAL
ORDER
Heard
learned advocate Mr.Premal Joshi appearing on behalf of petitioner.
In present petition, petitioner has challenged an order dated
28.04.2010 passed by District Consumer Disputes Redressal Forum,
Bhuj-Kutchh in Complain Application No.145 of 2008.
Under
Section 15 of Consumer Protection Act, 1986, petitioner is having a
remedy to file appeal against aforesaid order passed by District
Consumer Disputes Redressal Forum to State Commission within 30 days
from the date of order. State Commission has also a power to condone
delay if appeal is not preferred within prescribed time. Hence,
there is alternative, effective and statutory remedy available
against aforesaid order, which is not challenged. Only on
this ground, present petition is not entertained by this Court, with
a liberty to approach State Commission by filing appeal under
Section 15 of Consumer Protection Act, 1986.
In
view of aforesaid observations and directions, present petition is
disposed of, without expressing any opinion on merits.
Direct
Service is permitted.
[H.K.RATHOD,
J.]
..mitesh..
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