Narendra Singh Purohit vs Kalu Ram Suthar
2021 Latest Caselaw 12981 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10972/2021

Narendra Singh Purohit S/o Shri Mohan Singh, Aged About 40 Years, Secretary, Urban Improvement Trust, Bikaner.

----Petitioner Versus

1. Kalu Ram Suthar S/o Shri Ganga Ram Suthar, Outside Idgah Bari, Bikaner.

2. District Consumer Disputes Redressal Commission, Bikaner Through Its President.

----Respondents

For Petitioner(s) : Mr. Sheetal Kumbhat

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

19/08/2021

Learned counsel for the petitioner has submitted that against

the judgment dated 21.01.2021 passed by the District Consumer

Disputes Redressal Commission, Bikaner (hereinafter to be

referred as 'the District Forum'), the Urban Improvement Trust,

Bikaner has already preferred an appeal before the State

Consumer Dispute Redressal Commission, Rajasthan Jaipur

(hereinafter to be referred as 'the State Commission') and the

same is pending consideration.

Learned counsel for the petitioner has submitted that as per

the provision of Section 68 of the Consumer Protection Act, 2019

the judgment passed by the District Forum has not attained

finality on account of pending of the appeal before the State

Commission. It is submitted that ignoring the above provision the

(2 of 2) [CW-10972/2021]

District Forum has passed the impugned order dated 16.07.2021

and has summoned the petitioner for framing of charge.

Issue notice. Issue notice of stay petition as well.

Meanwhile, the effect and operation of the order date

16.07.2021 passed by the District Forum in Case No.15/2021 shall

remain stayed.

(VIJAY BISHNOI),J

Abhishek Kumar S.No.131

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