Saurabh Malik
Tribune News Service
Chandigarh, February 19
Describing ‘forum shopping’ as one of the biggest evils faced by the judiciary, Justice Anil Kshetarpal of the Punjab and Haryana High Court today imposed Rs 2 lakh costs in “a classical case of the same”.
“Such practice of forum shopping is deprecated in the sternest words. All such practices are required to be condemned,” Justice Kshetarpal said, while hearing three petitions filed against the Union of India and other respondents. The issue before Justice Kshetarpal was whether the High Court should entertain writ petitions against orders passed under Section 27 of the Consumer Protection Act, 1986, by the Punjab State Dispute Redressal Commission, particularly when statutory remedy of appeal was available before the National Consumer Dispute Resolution Commission (NCDR). Section 27 lays down the penalties, including imprisonment.
For PGI fund
The cost shall be deposited in the ‘Poor Patients Welfare Fund’ of the PGIMER, Chandigarh. — Justice Anil Kshetarpal, High Court
Justice Kshetarpal said the petitioners filed a writ petition in the Supreme Court, but filed a writ petition in the High Court before its listing. The petitioners gave an undertaking to withdraw the petition filed before the Supreme Court.
Justice Kshetarpal observed the court after considering the submissions of the petitioners’ counsel found no substance therein. Referring to a judgment by a coordinate Bench, Justice Kshetarpal asserted it has already held that entertaining a writ petition would not be appropriate for the High Court in view of the statutory remedy of appeal. Justice Kshetarpal said the court, in any case, did not find that the proceedings before the State Commission were without jurisdiction. It had the power to proceed under Section 27, if the order passed in the complaint has not been complied with. As such, the proceedings before the State Commission could not be said to be “wholly without jurisdiction”.
Justice Kshetarpal said the NCDRC would decide holistically the plea sought to be taken in the writ petitions. Disposing of the writ petitions, Justice Kshetarpal relegated the petitioners to the alternative remedy available before the NCDRC. “The writ petitioner(s) in all three writ petitions are burdened with a cost of Rs 2 lakh to desist such attempts,” he said.
HC slaps Rs 2-lakh costs in ‘forum shopping’ case
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