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Judgment
THE present petition, filed by the petitioner, under Section 17(1)(b) of the Consumer Protection Act, 1986 (hereinafter referred to as ''the Act'') is directed against order dated 28.7.2003, passed by District Forum, Kasturba Gandhi Marg, New Delhi, in Complaint Case No. OC-306/2002 - entitled M/s. Ranjeev Motors & Petro Products Pvt. Ltd. v. New India Assurance Co. Ltd.
INSOFAR as the above mentioned petition, filed by the petitioner, is concerned we have heard the learned Counsel for the petitioner at length and have also carefully gone through the documents/material on record. The grievance of the petitioner in the present petition, in nutshell, is that the summoned witnesses, having appeared and the RTO records in original having been produced, were discharged without being examined. In our opinion, the present petition, filed by the petitioner, is premature because the learned District Forum has not taken any final decision in the matter, even the application filed on 28.7.2003 has not been disposed of and still pending consideration of the learned District Forum. As a matter of fact, the order being impugned in the present proceedings is a well reasoned order which takes due care of the interest of both the sides. In short, it cannot be stated that while passing the impugned order the learned District Forum has failed to exercise its jurisdiction so vested or has acted in excess of its jurisdiction illegally or with any material irregularity. Thus, viewed from all angles, the above mentioned petition, filed by the petitioner, is devoid of substance and deserves to be dismissed. Accordingly, the same is dismissed in limine with no order as to costs. A copy of this order, as per statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Revision Petition dismissed.
