The present petition is filed by Shri Mahakali Developers and Shivam Duplex against order dated 29th September 2008 passed in CRA No.10 of 2008 by the Consumer Disputes Redressal Commission, Gujarat State, Ahmedabad, a copy of which is produced at Annexure 'K'. The main plank of challenge is that the State Commission did not have a jurisdiction to entertain a revision application against the order passed by the District Forum in Darkhast No.32 of 2006 dated 24th January 2008.
2. Heard the learned advocate for the petitioner. The learned advocate for the petitioner could not point out from the judgement of the State Commission that such a contention was ever raised before the Commission. If that is so, the judgement and order passed by the State Commission in CRA No.10 of 2008 cannot be quashed and set aside on the ground that the Commission has no jurisdiction and still the Commission has entertained the Revision Application.
3. If such a plea is entertained and if the legality and validity of the order is examined on a plea which was never taken before the authority, it will give premium to dishonest people. They will while away time before the authority and once the authority passes an order which is adverse to the person concerned, they will come forward and challenge that order on the ground that the authority had no jurisdiction.
If at all the petitioners were of the opinion that the State Commission has no jurisdiction, this contention ought to have been taken immediately on coming to know that CRA is filed against the order passed in Darkhast No.32 of 2006.
4. It is clarified that the petition is dismissed only on this short ground that the ground on which the order passed by the State Commission sought to be challenged was never agitated before the Commission. On this short ground the petition is dismissed. Notice is discharged. No order as to cost.
(RAVI R. TRIPATHI, J.) karim Top