BISHNU HALDER Vs. STATE OF ASSAM

JUDGEMENT

(1.) This petition under Article 226/227 of the Constitution has been directed against the judgment dated 28-6-2002 passed by the District Consumer Disputes Redressal Forum, Kamrup, Guwahati in CP Case No. 70 of 2001. The District Forum by the impugned judgment has directed the petitioner to pay Rs. 15,000.00 as compensation, Rs. 9,000.00 as material cost of the consignment, Rs. 378 as freight charge and Rs. 500.00 as cost to the complainant-respondent within 45 days. Being aggrieved thereby, the petitioner has filed this petition.

(2.) Right at the stage of motion hearing the question came up for consideration as to whether a writ petition against the final orders of the District Forum would be maintainable in view of the provisions of appeal under S. 17 of the Consumer Protection Act, 1986, Dr. Bhattacharjee, learned counsel submitted that there is no provision in the Act enabling the State Commission, the appellate authority, to pass any order of stay and, therefore, the petitioner having no alternative has approached this Court to vindicate his grievance.

(3.) To answer the above question, it is considered expedient to quote the provisions embodied in Sections 15 and 17 hereinbe-low :-