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2022 (3) TMI 1159 - HC - Indian LawsMaintainability of petition - availability of alternative remedy of appeal - appropriate forum - whether the writ court can decide the question of maintainability of the writ petition itself on the ground that there is an alternative remedy is the question raised in two writ petitions? - HELD THAT:- The impugned orders in these two writ petitions are the orders passed by the Consumer Dispute Redressal Forum. This Court in CONTROLLER OF EXAMINATIONS VERSUS SREYA [2021 (9) TMI 1363 - KERALA HIGH COURT] held that the writ court need not entertain the writ petition challenging orders passed by the consumer forums because the Consumer Protection Act is a complete code in which there is a hierarchy of forums mentioned to challenge the orders passed by the Consumer Dispute Redressal Forums. Once a writ petition is admitted and an interim order is passed, simply because several years elapsed after the admission of the writ petition, the question of maintainability cannot be raised or decided. Usually, in writ petitions, interim orders are passed at the admission stage. At that time, there may not be an appearance for the respondents in all the cases. This Court is admitting a writ petition based on prima facie finding. Prima facie finding regarding the maintainability of the writ petition cannot be taken advantage of by the petitioners at the time of the final hearing especially because it is a finding without hearing the other side. The respondents in the writ petitions are free to raise the question of maintainability based on the argument that there is an alternative remedy, even at the time of final hearing also - Each case has to be decided on the basis of facts in that case. But it is to be declared that, simply because a writ petition is admitted and a stay is granted at the admission stage, there is no rule that the question of maintainability in the light of alternative remedy available cannot be raised at a later stage of hearing the writ petition, even if several years elapsed after the admission of the case. If an order is passed by the National Commission, that order can be challenged even before the Apex Court directly. When such a hierarchy of courts is mentioned in Consumer protection Act, this Court need not entertain a writ petition filed challenging the orders passed by the District Forum or state Commision. But it is a settled position that even if there is alternative remedy, the High Court can entertain a writ petition under Article 226 of the Constitution of India, if the justice demands for the same. When a writ petition came up for admission challenging the orders passed by the Consumer Forums constituted as per the Consumer Protection Act, normally this Court will not entertain the same, unless there is an extraordinary situation to entertain such a writ petition. This Court will not entertain a writ petition filed in a routine manner against the orders passed by the Consumer Forums. Therefore, each case has to be decided on its own merit. Petition disposed off.
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