GURJEET SINGH JOHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) By this order CWP No. 11539, 11688 and 11719 involving a common question shall stand disposed of. Counsels for the parties are also ad idem that these writ petitions can be disposed of by a common order.

(2.) The question is "whether this Court should entertain the writ petitions against the orders passed under Section 27 of the Consumer Protection Act, 1986 (hereinafter referred to as the '1986 Act1) by the Punjab State Dispute Redressal Commission (PSDRC) particularly when a statutory remedy of appeal under Section 27-A is available before the National Consumer Dispute Resolution Commission (NCDRC)."

(3.) One of the biggest evils faced by the Judiciary is 'forum shopping'. In the considered view of this Court, this is a classical case of the same. It is apparent from the reading of the order dated 10.08.2020 that the petitioners filed a writ petition in Hon'ble the Supreme Court. Before the listing of the aforesaid writ petition, the petitioners filed a writ petition No. 11539 of 2020 in the High Court while giving an undertaking to withdraw the writ petition filed before Hon'ble the Supreme Court. Still further, the petitioners themselves have placed on file a decision of Three Member Bench of NCDRC laying down that proceedings under Section 27 cannot be stayed on account of an order passed by the National Company Law Tribunal. It has been held that moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 will not result in stay of proceedings under Section 27 of the 1986 Act. Such practice of forum shopping is deprecated in the sternest words. All such practices are required to be condemned.