Sundi Devi Vs State of U.P. and 4 Others

Court No. - 39

Case :- WRIT - C No. - 35301 of 2018

Petitioner :- Sundi Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pavan Kumar Srivastava Counsel for Respondent :- C.S.C.

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Hon'ble B. Amit Sthalekar,J. Hon'ble Surya Prakash Kesarwani,J.

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Heard Sri Pawan Kumar Srivastava, learned counsel for the petitioner and learned Standing Counsel for the respondents.

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The petitioner in the writ petition is seeking a direction to restrain the respondents from recovering the disputed amount under recovery certificate dated 13.8.2018 in respect of certain electricity dues of the petitioner.

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According to the petitioner he has already approached the District Consumer Forum, Fatehpur but he wants an interim relief in his favour till the case is decided by the District Consumer Forum.

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We find that under sub-Section (3B) of Section- 13 of the Consumer Protection Act, 1986, the District Consumer Forum, if it appears to it necessary, may pass an interim order as is just and proper in the facts and circumstances of the case during the pendency of any proceeding before the District Consumer Forum.

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In our opinion if any demand has been raised by the respondent department against which the petitioner has already approached the District Consumer Forum, the remedy before the petitioner is to apply under sub-Section (3B) of Section- 13 of the Consumer Protection Act, 1986 for appropriate interim relief and, therefore, parallel writ proceedings in the High Court are not maintainable.

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The writ petition is accordingly dismissed .

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Order Date :- 25.10.2018 Vandana

Sundi Devi v. State of U.P. and 4 Others

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Sundi Devi v. State of U.P. and 4 Others

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