- (1.) THE Judgment of the Court was as follows : After being unsuccessful in the complaint case filed by the petitioner before the District Consumer Disputes Redressal Forum, South 24 Parganas, the petitioner preferred an appeal under Section 15 of the Consumer Protection Act, 1986 before the said Consumer Dispute Redressal Commission, West Bengal, along with an application for condonation of delay of 590 days. THE learned Appellate Commission rejected the petitioner's application for condonation of delay and as a consequence thereof, the appeal stood dismissed.
(2.) THE propriety of the said order was sought to be challenged by the petitioner before this Court in this application under Article 227 of the Constitution of India. Mr. Banerjee, learned Advocate, appearing for the Opposite party raises a preliminary objection regarding the maintainability of this application on the ground that the order impugned being appealable under the Consumer Protection Act, 1986 the instant application cannot be entertained by this Court. As a matter of fact, Section 21 (b) provides for revisional power to be exercised by the National Commission. Since an alternative remedy is available under the statute, this Court refuses to entertain this revisional application before this Court. The revisional application, thus, stands rejected.
(3.) IT is, however, made clear that while disposing of this revisional application, this Court has not considered the merit of the impugned order. As such, the petitioner is absolutely free to seek appropriate remedy before the appropriate Forum in accordance with law. Leave is granted to the learned Advocate for the petitioner to take back the certified copy of the impugned order by supplying a true xerox copy of the same from the concerned department.;