This court dismissed a writ petition filed under Article 226 challenging an order of the State Consumer Disputes Redressal Commission. The court held the petition was not maintainable as an appeal against such orders must be filed before the National Consumer Commission.
The writ petition is dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-12-2018
CORAM
THE HON'BLE Mr. JUSTICE S.M.SUBRAMANIAM
W.P.No.31978 of 2005
1.S.Shanmuga Mudaliar 2.S.Kalavathy ...Petitioners Vs 1.The Senior Divisional Manager, L.I.C. of India, Vellore Division, Vellore.
2.The Zonal Manager, L.I.C. of India, Southern Zonal Office, Madras-2.
3.The State Consumer Disputes Redressal Commission, Represented by its Registrar, Chennai-4. 4.District Consumer Disputes Redressal Forum, Vellore. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the third respondent in AP No.330 of 1999 dated 27.2.2004 confirming the order of the fourth respondent in O.P.No.103 of 1996 dated 24.3.1999 and quash the same and further issue direction to the respondents 1 and 2 pay the claim under two policies namely Policy No.730480457 and Policy No.71119762.
For Petitioners : Mr.H.Nazirudeen For Respondent-1 : Ms.Usha Raman For Respondent-2 : No Appearance For Respondent-3 : State Consumer Forum For Respondent-4 : District Consumer Forum
O R D E R
The order passed by the State Consumer Redressal Commission, Chennai, on 27.2.2004 in A.P.No.330 of 1999, is under challenge in the present writ petition.
1.The Senior Divisional Manager, L.I.C. of India, Vellore Division, Vellore. 2.The Zonal Manager, L.I.C. of India, Southern Zonal Office, Madras-2.
WP No.31978 of 2005
SP(31/12/2018)
2 issues framed by the court
Whether the High Court can entertain a writ petition against an order of the State Consumer Disputes Redressal Commission when an appeal lies to the National Consumer Commission.
Whether a writ petitioner can approach the High Court instead of filing an appeal before the competent appellate forum under the Consumer Protection Act.
2 provisions across 2 enactments
S.Shanmuga Mudaliar
S.Kalavathy
The Senior Divisional Manager, L.I.C. of India, Vellore Division, Vellore.
The Zonal Manager, L.I.C. of India, Southern Zonal Office, Madras-2.
The State Consumer Disputes Redressal Commission
District Consumer Disputes Redressal Forum, Vellore
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
