DYNASTY WALFORD LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner seeks to challenge the order dated 20.1.98 passed by the Assam Consumer Disputes Redressal Commission, Guwahati in C.A. No. 112/97 and the order dated 31.7.97 passed by the District Forum, Kamrup in C.P. Case No. 34/97 and also prays for issuance of a Writ of Certiorari.

(2.) Notice of motion was issued vide order dated 27.2.98, passed by a learned Single Judge of this Court. On the same day learned Govt. Advocate Mr. Sharma accepted notice on behalf of the State Government, respondent No. 2 and raised a preliminary objection as regards maintainability of the petition, which seeks to challenge order dated 20.1.98 passed by respondent No. 3 the State Commission constituted under Section 16 of the Consumer Protection Act, 1986 (for short the Act). Although vide order dated 27.2.98 it was directed To take steps for service of notice, hut as per registry's report dated 9,3.98, no steps were taken by the petitioner. Fie that as it may, it is not on this ground that the petition is being dismissed. There many other weightier reasons.

(3.) Heard Mr. Yadav. learned counsel for the petitioner. The petitioner invoking Art- 226 of the Constitution his challenged the order dated 20.1.98 passed by respondent No. 3 dismissing the appeal preferred by the petitioner confirming the order passed by the District Forum with cost of Rs.2,000/- with a direction to the petitioner to pay the amount of compensation as awarded with cost, within one month from the date of receipt of the order failing, which. the petitioner shall be liable to pay interest at the rate of 18% per annum.