Shri Anil Chaubey, learned Standing Counsel raised a preliminary objection that this petition is not maintainable before this Court because the impugned order has been issued in compliance of the order passed in execution by the State Consumer Dispute Redressal Commission against which a remedy is available to the petitioner before the National Commission. He also submitted that the petitioner has not challenged main order passed in execution and the complaint therefore he is not entitled for any relief.
Shri Prasant Kumar learned counsel for the petitioner could not dispute that the petitioner has a remedy under the Consumer Protection Act before the National Commission, but he submitted that since the executing court has not given time and not hearing to the petitioner therefore he is constrained to approach this Court. Whereas the order annexed by the petitioner in pursuance of which the impugned order has been issued was passed by the State Consumer Dispute Redressal Commission on 16.12.2020 and the date was fixed 23.02.2021. Therefore, firstly there was sufficient time, secondly merely because of some short time has been given, can not be a ground to entertain the petition when an alternative and statutory remedy is available.
This petition is, accordingly, dismissed.
.............................................................(Rajnish Kumar,J.) Order Date :- 11.2.2021 Haseen U.