J. ANANDHAN Vs. UNION OF INDIA REP.BY ITS SECRETARY TO GOVERNMENT MINISTRY OF CONSUMER AFFAIRS FOOD AND PUBLIC DISTRIBUTION KRISHI BHAVAN, NEW DELHI AND ORS.

JUDGEMENT

(1.) THE Writ Petition is filed by the petitioner seeking to challenge an order passed by the 4th respondent District Consumer Disputes Redressal Forum in C.C.No.79 of 2009 dated 31.01.2012. The petitioner seeks for setting aside the same and for a consequential direction to hear C.C.No.79 of 2009 in accordance with law. It is stated by the petitioner that though there is a State Consumer Disputes Redressal Commission in Puducherry, it is headless and when he wanted to move the National Commission at New Delhi, they seek for an order of the State Commission. Under the said circumstances, allegedly invoking the extraordinary jurisdiction of this Court, the Writ Petition came to be filed.

(2.) HOWEVER , the fact that the Presiding Officer is not appointed, cannot be a ground to bypass the hierarchy of appeal provided under the Act. Though the petitioner made several allegations against the District Forum, in view of the fact that this Court is not inclined to entertain the Writ Petition, this Court is also not inclined to go into the allegations raised or the merits of the case. In this context, it is necessary to refer to the judgment of the Supreme Court in Om Prakash Saini V.DCM Limited reported in : 2010 (11) SCC 622. In paragraphs 12 to 14, the Supreme Court had observed as follows: