Allahabad High Court Judgement

Allahabad High Court Judgement

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JUDGEMENT HEADLINE : High Court Cannot Transfer The Case From One District Consumer Forum To Another In Exercise Of Power Under Section 24 C.P.C.
JUDGEMENT TITLE : Hanuman Yadav Vs. State Consumer Forum And Others. On 31/08/2012 By Allahabad High Court
CASE NO : TRANSFER APPLICATION (CIVIL) NO. 277 OF 2012.
CORAM : Hon'ble Pankaj Mithal,J.

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 4

Case :- TRANSFER APPLICATION (CIVIL) No. - 277 Of 2012

Petitioner :- Hanuman Yadav
Respondent :- State Consumer Forum And Others
Petitioner Counsel :- S.B. Singh

Hon'ble Pankaj Mithal,J.
The Applicant Has Filed This Transfer Application Under Section 24 CPC For Transfer Of Case No. 519 Of 2003 (Hanuman Yadav Vs. State Consumer Forum And Others) Pending Before The District Consumer Forum, Gorakhpur To The District Consumer Forum At Deoria.
Section 24 CPC Provides For General Power Of The High Court Or The District Court As The Case May Be To Transfer And Withdraw Suits, Appeal Or Other Proceedings From One Court To Another Court Sub-ordinate To It.
The District Consumer Form Established Under Section 9 Of The Consumer Protection Act, 1986 Is An Independent Adjudicating Authority And Is Not A Court Sub-ordinate To The High Court. Therefore, Provisions Of Section 24 CPC Can Not Be Invoked For Transferring A Dispute Or A Case Pending Before One District Consumer Forum To Another.
The Application Is Completely Misconceived And Is Dismissed

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