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NCDRC appellate order can be challenged before High Court

Citation : Ibrat Faizan Versus Omaxe Buildhome Private Limited, Civil Appeal No. 3072 Of 2022

Date of Judgment/Order : May 13, 2022

Court/Tribunal : The Supreme Court Of India

Corum : M.R. Shah; B.V. Nagarathna, JJ.

Background

The Appellant/original complainant here had filed a consumer forum application against the Respondents before the State Consumer Forum. With the forum ordering in favour of the Appellant, the Respondents appealed before the National Consumer Disputes Redressal Commission (NCDRC). The NCDRC by its final order confirmed the State forum order. The Respondents appealed against the NCDRC order before High Court, whence HC stayed the final order of NCDRC. In appeal before the Supreme Court against the order of the HC, one of the primary objections raised by the Appellant was the issue jurisdiction of the HC  against the order of the NCDRC.

Judgment

The Supreme Court however opined that the High Court under Article 227 of the Constitution has jurisdiction over order passed by the NCDRC in an appeal under Section 58 (1)(a)(iii) or Section 58(1)(a) (iv) of the Consumer Protection Act 2019.

Referring to judgments in Associated Cement Companies Limited v. P.N. Sharma, AIR 1965 SC 1595, State of Karnataka vs. Vishwabarathi House Building Co-operative Society and Ors., (2003) 2 SCC 412, Estralla Rubber v. Dass Estate (P) Ltd., (2001) 8 SCC 97 and Garment Craft v. Prakash Chand Goel, 2022 SCC Online SC 29), the Supreme Court said :-
  1. The National Commission satisfies the test of an authority vested with the judicial powers of the State and therefore may be regarded as a ‘Tribunal’ within the meaning of Article 227 and/or 136 of the Constitution of India. Under the circumstances, it is not necessary for Supreme Court to entertain appeals from NCDRC when remedy in the form of High Courts are present and as it is appropriate that aggrieved party approaches the concerned High Court by way of writ petition under Article 227 of the Constitution of India.
  2. As per Section 58 and 67 of the 2019 act, the restriction on the jurisdiction of the High Court is related only to appeals against orders of NCDRC  under sub-clause (i) or (ii) of clause (a) of sub-section (1) of Section 58. No such restriction is present against appeals against orders under any other clauses of the said section which includes appeals against orders of the State forum.

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