JAGDISH KUMAR JINDAL Vs. STATE BANK OF PATIALA

JUDGEMENT

(1.) THE petitioner who suffered an adverse judgment by reversal of the decision of the District Consumer Forum and subjected to liability of Rs. 50,000/ - as costs, preferred a further appeal to the National Consumer Forum but it appears to have been dismissed as withdrawn. The petitioner is before this Court contending that the State Commission has competency to impose costs of Rs. 10,000/ - but the costs imposed as Rs. 50,000/ - is without jurisdiction.

(2.) AN order which is passed by an authority, if it is erroneous and there is forum also available for assailing the said decision, the action must be pursued only before that Forum. If he had filed a revision before the National Forum and chose to withdraw it, he must be deemed to have waived his right to canvass the correctness of the decision in any other Forum. Article 226 cannot be invoked, for, there was an efficacious remedy to be pursued in a Forum which is statutorily created for that purpose. The petitioner cannot be heard on the validity of the order before this Court of what he failed to do before a competent Forum.

(3.) THE writ petition is dismissed.