BHAG SINGH PRETAM SINGH Vs. MARUTI UDYOG LTD

JUDGEMENT

(1.) After hearing the counsel appearing for both sides we have come to the conclusion that the State Commission did not act correctly or in accordance with law in dismissing the complaint petition on the preliminary ground that the writ petition filed by the complainant before the High Court of Allahabad had been dismissed by that High Court. We have gone through a copy of the judgment delivered by the High Court in that writ petition and we find that the dismissal of the case was not on merits but only on the ground that interference under Art 226 of the constitution was not considered proper in the case since the matter was one which could be agitated before other Forums such as by institution of suit. The judgment expressly reserves liberty to the complainant to pursue any other remedy inclusive of the filing of suit and made it clear that the dismissal of the writ petition will not operate to the prejudice of the petitioner in the matter of pursuing such other remedies.

(2.) The institution of a complaint before a Redressal Forum constituted under the Consumer Protection Act is an alternative remedy which has subsequently became available to the party by virtue of the provisions of the Chapter II of the Act having been brought into force. Having regard to the nature of the disposal of the writ petition by the High Court and the specific reservation made under the judgment delivered by the High Court, it would not be right or proper to deny to the complainant an adjudication of the Complaint on merits. The Order of the State Commission is therefore set aside and the case will stand remanded to the State Commission for fresh disposal in accordance with law in the light of the observations contained in this Order.

(3.) The counsel for the respondent contended before us that the petitioner is not a consumer as defined in the Consumer Protection Act, 1986 and the complaint preferred by him is not, therefore, maintainable under the Act. This is an objection that he can raise before the State Commission and if it is done by the State Commission would consider the said question also amongst other points arising in this case.