LAWS(BOM)-2011-6-32

SHEELA SANJAY SHARMA Vs. VIDYA RAJENDRA SHENDE

Decided On June 23, 2011
Sheela Sanjay Sharma Appellant
V/S
Vidya Rajendra Shende Respondents

JUDGEMENT

(1.) HEARD Mr.S.G.Shukla, Adv. for the petitioner. None for the respondents.

(2.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioner is seeking directions to quash the filing and registration of Misc. Application No.79 of 2010 by respondent nos. 1 and 2 and framing of charge/particulars dt. 21.3.2011 by respondent no.2 i.e. Presiding Officer, Additional Consumer Dispute Redressal Forum in Misc. Application No.79 of 2011 pending against the petitioner on the ground that the proceedings is bad in law. Prima facie, it appears that the relief is sought against one Smt. Vidya w/o. Rajendra Shende and the Presiding Officer, Additional District Consumer Dispute Redressal Forum, Nagpur in connection with the proceedings pending before respondent no.2/Additional District Consumer Dispute Redressal Forum, Nagpur. Section 28 of the Consumer Protection Act, 1986 reads thus :

(3.) THUS , to entertain grievance arising from the orders passed by the District Consumer Forums and Commissions, specific remedies of appeal have been provided which are alternate, efficacious and legal remedies. There is no scope for High Court to entertain any appeal. The specific remedies under the Consumer Protection Act, 1986 ought to be exhausted or availed by the petitioner before invoking extraordinary writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India. The Writ Petition is, therefore, dismissed in limini. Petition dismissed.