1.The present petition is preferred by the petitioners against the order dated 4-4-2002 passed by the District Consumer Forum at Gandhinagar in complaint No.58/2001, whereby the complaint is returned on the ground that the petitioners should file civil suit before the Civil Court.
2.Heard Mr.Barot, learned Counsel for the petitioners.
3.Considering the facts and circumstances of the case, there is already an alternative statutory remedy available to the petitioners under Section 17(b) of the Act of approaching before the State Commission. Further, the District Forum in exercise of judicial discretion has taken a view that the party should be relegated to the proceedings in civil suit. If the petitioners feel that the District Forum has erred in exercising a jurisdiction which is vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity, a revision can be preferred by the petitioners before the State Commission. Since the petitioners have not exhausted the alternative statutory remedy available to the petitioners, the present petition cannot be entertained. In view of this, Mr.Barot seeks permission to withdraw the petition with a view to approach before the State Commission. Permission granted. Rejected as withdrawn.
26-8-2002(Jayant Patel, J.) vinod