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1997 Supreme(Mad) 1444

S.S.SUBRAMANI
D. Roja and others – Appellant
Versus
Commissioner, Corporation of Madras, Madras-3. and others – Respondent


Advocates:
Mr. R. Nadanasabapathy Advocate for Petitioner. Mr. E.R. Murthy for Mr. R. Nagarajan for Respondent.

Judgment :

1. When the matter came up for arguments, it was represented by the respondents that statutory revision lies against the impugned order under Section 21(b) of the Consumer Protection Act 1986.

2. It is seen that the compensation is awarded by the District Forum against which an appeal was filed by the respondents herein. The State Consumer Forum allowed the appeal on the ground that the complainants are not the consumers and therefore, dismissed the complaint. That order is challenged in this civil revision petition under Article 227 of the Constitution of India.

3. It is settled law that the powers under Article 227 of the Constitution of India should not be invoked if there is an effective alternative remedy. When the National Forum is given such power, it is better the petitioners invoked the statutory remedy. Office is directed to return the original papers filed along with the revision so as to enable the petitioners to file a revision before the National Forum. Petitioners are given three weeks time for the said purpose. The civil revision petition is rejected as above. No costs.

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