K PUDUR PRIMARY AGRICULTURE CO OPERATIVE BANK LIMITED Vs. STATE CONSUMER DISPUTES REDRESSAL COMMISSIONER

JUDGEMENT

(1.) THE Order of the Court is as follows: K. Pudur Primary Agriculture Cooperative Bank Limited, aggrieved by the order of the State Consumer Disputes Redressal Commission, Madras-4 in A.P. 54 of 1991, dated 1.7. 1991, has filed the above writ petition. Heard the learned Counsel for the petitioner as well as contesting respondents 3 and 4.

(2.) EVEN at the outset, the learned Counsel appearing for the respondents 3 and 4, by drawing my attention to Section 21 of the Consumer Protection Act, 1986, would contend that inasmuch as there is an effective remedy by way of appeal to the National Commission under the enactment, the present writ petition filed before this Court under Article 226 of the Constitution of India cannot be maintained. With reference to the said contention, learned Counsel for the petitioner though fairly states that Section 21 enables the petitioner to file an appeal before the National Commission, by relying on the decision of the Supreme Court reported in Fair Air Engineers Pvt. Ltd. & Anr. v. N. K. Modi, would contend that irrespective of the said provision it is open to this Court to consider the order passed by the first respondent Before I considering the decision of the Supreme Court, it is worthwhile to refer Section 21 of the Act, which reads thus,