High CourtsSingle Bench

Hanuman Yadav vs State Consumer Forum and Others

Allahabad High Court · Decided on 31 August 2012 · Citation: (2012) 8 ADJ 626(1)

HON’BLE JUDGES
Pankaj Mithal, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Section 24 · Consumer Protection Act, 1986 — Section 9
RESULT
Dismissed
CASE NUMBER
Transfer Application (Civil) No. 277 of 2012
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Judgment

3 paragraphs · 142 words

Hon''ble Pankaj Mithal, J.—The applicant has filed this transfer application u/s 24 CPC for transfer of case No. 519 of 2003 [Hanuman Yadav v. 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 subordinate to it.

2.

The District Consumer Form established u/s 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 cannot 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.