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2004 DIGILAW 1495 (AP)

NAZEER AHMED v. Executive Engineer, A. P. Housing Board

2004-12-13

D.S.R.VERMA

body2004
D. S. R. VARMA, J. ( 1 ) THIS Civil Revision Petition is directed against the order and decree, dt. 20-10-2004, passed by the District Forum at Kurnool, dismissing the I. A. No. 356 of 2004 in c. D. No. 38 of 2004, filed under Order 6 rule 17 of the Code of Civil Procedure seeking permission to amend the complaint, as shown in the petition schedule. ( 2 ) FOR the purpose of deciding thepresent Civil Revision Petition, the merits of the case need not be gone into. ( 3 ) AT the threshold itself, I am of theopinion that the present Civil Revision petition is not maintainable in the light of the language employed under Section 17 (b) of the Consumer Protection Act (for brevity " the Act" ). ( 4 ) THE provisions of Section 17 (b) of theact are as under:"section 17. Jurisdiction of the State Commission: subject to the other provisions of this Act, the State Commission shall have jurisdiction, (a ). . . . . . . . . . . . . . . . (i ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any District forum within the State, where it appears to the State Commission that such District Forum has exercised a jurisdiction not vested in it by law or has failed to exercise a jurisdiction so vested or acted in exercise of its jurisdiction illegally or with material irregularity. ". ( 5 ) FROM the above provision (b) ofsection 17 of the Act, it is clear that the interlocutory orders also can be subjected to scrutiny by the State Consumer Forum, on an application being made. ( 6 ) THIS provision is, in fact, akin to therevisional jurisdiction conferred on the High court under Section-115 of the Code of Civil procedure. ( 7 ) HAVING regard to the facts andcircumstances, particularly having regard to the fact that an efficacious alternative remedy is provided under Section 17 of the act, the present Civil Revision Petition filed under Article 227 of the Constitution of India is not maintainable and is liable to be dismissed. ( 7 ) HAVING regard to the facts andcircumstances, particularly having regard to the fact that an efficacious alternative remedy is provided under Section 17 of the act, the present Civil Revision Petition filed under Article 227 of the Constitution of India is not maintainable and is liable to be dismissed. ( 8 ) IN the result, the Civil Revision Petitionis dismissed, at the stage of admission, as not maintainable, with liberty to the petitioner to avail an efficacious alternative remedy provided under the Act, by way of revision. However, there shall be no order as to costs.