Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6028 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2052/2025 Hon’ble Manoj Kumar Tiwari, J
1. Mr. Abhijay Negi, learned counsel for the petitioners.
2. Petitioner has challenged the
judgment rendered by State Consumer Disputes Redressal Commission, Dehradun in First Appeal No. 48 of 2023. By the said judgment, appeal filed by petitioner was partly allowed and
judgment and order passed by District Consumer Disputes Redressal Commission was modified and petitioner was
directed to pay a sum of ₹5,49,070/- to the respondent complainant together with interest at the rate of 6% per annum from the date of filing of the complaint till actual realization and also to pay ₹10,000/- towards litigation charges and counsel fee.
3. Since petitioner has remedy of filing an appeal under Section 51 of the Consumer Protection Act, 2019, therefore, this Court is not inclined to entertain this petition under Article 227 of the Constitution. Even though, the appeal before National Consumer Disputes Redressal Commission has to be admitted only on a substantial question of law involved in the matter, however, that cannot be a ground for by-passing the remedy of statutory appeal, which is available to the petitioner.
4.
Learned counsel for the petitioner then submits that he will file appeal
2025:UHC:6028 under Section 51 of the Consumer Protection Act within two weeks, therefore, petitioner be protected against coercive action for a period of three weeks.
5. Accordingly, the writ petition is
disposed of with liberty to petitioner to approach the competent court of law, within two weeks from today. Only for a period of three weeks, impugned
judgment, rendered by State Consumer Disputes Redressal Commission, shall not be executed against the petitioner.
(Manoj Kumar Tiwari, J)
11.07.2025 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f0747700 5aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2C E3D26F5C22DACF4F4610C1FE58A58531726FB B0, cn=NITI RAJ SINGH ASWAL Date: 2025.07.11 06:21:57 -07'00'
2025:UHC:6028