Bombay High Court
Maharashtra State Road Transport ... vs The State Of Maharashtra Thr Its ... on 24 February, 2021
Bench: S.V. Gangapurwala, Shrikant Dattatray Kulkarni
(1) 926-wp-3652-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
926 WRIT PETITION NO.3652 OF 2021
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION THR
DIVISIONAL CONTROLLER ..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA THR ITS SECRETARY AND
OTHERS ..RESPONDENTS
...
Mr. M. K. Goyanka, Advocate for the Petitioner.
Mrs. V. S. Choudhari, AGP for Respondents-State.
...
CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATED : 24th FEBRUARY, 2021.
PER COURT:-
1. Mr. Goyanka, learned counsel submits that
the District Consumer Forum has passed the impugned
order without jurisdiction.
2. According to Mr. Goyanka, learned counsel
for the petitioner the District Consumer Forum did
not posses the jurisdiction to entertain the
complaint. The respondent no.2 is not a consumer.
He was the employee of the present petitioner.
The District Consumer Forum under the impugned
judgment has directed the payment of the amount of
Provident Fund. The respondent no.2 is not a
consumer nor it was case of deficiency in service.
The District Consumer Court did not posses
the jurisdiction and as such the
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said judgment is assailed before this Court under
Article 226 of Constitution of India. The learned
counsel relies on the following judgments:
1. Surya Dev Rai Vs. Ram Chander Rai and Ors. in
Civil Appeal NO.6110 of 2003 dated 07.08.2003.
2. Whirlpool Corporation Vs. Registrar of Trade
Marks, Mumbai & Ors. dated 26.10.1998.
3. Jagmittar Sain Bhagar & Ors. Vs. Director,
Health Services, Haryana & Ors. reported in (2013)
10 Supreme Court Cases 136.
4. M/s Advance Scientific Equip. Ld. & Anr. Vs.
West Bengal Pharma & Photochemical Dev&An in SLP
No.17068-17069/2010 dated 09.07.2010.
3. The petitioner in effect is seeking Writ
of Certiorari with regard to the judgment and order
passed by District Consumer Forum.
4. The Consumer Protection Act is a complete
Code in itself. The Act provides for Appeal and
Revisional remedy. The petitioner in a way is
seeking invocation of the writ jurisdiction of this
Court under Article 227 of the Constitution of
India by assailing the judgment of the District
Consumer Forum.
5. We are aware that rule of alternate remedy
is a rule of self restrain. At the same time when
a Statute provides for remedy and the said remedy
is an efficacious remedy, this Court would not
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venture to exercise its plenary powers under
Article 226 of the Constitution of India.
6. The Apex Court in the case of M/s Advance
Scientific Equip. Ld. & Anr. Vs. West Bengal Pharma
& Photochemical Dev&An in Special Leave Petition
No.17068-17069/2010 observed thus:
"We are further of the view that the
petitioners' venture of filing of petition
under Article 227 of the Constitution was
clearly an abuse of the process of the Court
and the High Court ought not to have
entertained the petition even for a single
day because an effective alternative remedy
was available to the petitioner under Section
23 of the Act and the orders passed by the
State Commission did not suffer from lack of
jurisdiction."
7. In the said case, the Appellants before
the Apex Court had challenged the order passed in
Execution raising objections to the very
maintainability of the complaint by contending that
respondent no.1 does not fall within the definition
of the consumer. The State Commission overruled
the objection and held that the complaint was
maintainable. The said order passed by the State
Commission was challenged by filing writ petition
before High Court instead of filing proceeding
before the National Commission. In that context,
aforesaid observations were made by the Apex Court.
8. In light of the above, we refrain from
exercising our writ jurisdiction under Article 226
of the Constitution of India.
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9. Writ Petition as such is disposed of. No
costs.
10. The petitioner is at liberty to avail
alternate Statutory remedy available to it.
(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA)
JUDGE JUDGE
Devendra/February-2021
