High Court held that a writ petition is not maintainable against an NCDRC order as appeals lie to the Supreme Court under Section 23 of the Consumer Protection Act, 1986. Petitioner withdrew the petition with liberty to approach civil court.
Petition dismissed as withdrawn with liberty to file civil suit.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 2424/2019
Vimla Devi W/o Shri Om Prakash, Aged About 45 Years, By Caste Meghwa, R/o 2 D.M. (Dhandra), Teh. Shri Vijay Nagar, District Sri Ganganagar (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. N.K. Sharma For Respondent(s) : -
JUSTICE DINESH MEHTA
Judgment
26/07/2019
Instant writ petition has been preferred against order dated 23.07.2018, passed by National Consumer Disputes Redressal Forum.
In terms of the clear statutory provision contained in Section 23 of the Consumer Protection Act, 1986, an appeal lies before Hon’ble the Supreme Court against an order passed by the National Consumer Disputes Redressal Commission, New Delhi, hence, writ petition under Article 226/227 is not maintainable.
This being the position, learned counsel for the petitioner seeks permission to withdraw the present writ petition with a
(2 of 2) [CW-2424/2019]
liberty to avail appropriate remedy, including filing of civil suit in appropriate forum.
Liberty as prayed for is granted, as the National Consumer Disputes Redressal Commission, New Delhi has held that the petitioner cannot invoke provisions of Consumer Protection Act, 1986 as he is not a consumer.
The writ petition is dismissed as withdrawn with the liberty aforesaid.
The Stay Petition No. 2342/2019 also stands dismissed.
(DINESH MEHTA),J
6-Ramesh/-
1 issue framed by the court
Whether a writ petition under Article 226/227 is maintainable against an order of the National Consumer Disputes Redressal Commission when the Supreme Court is the statutory appellate forum.
Vimla Devi W/o Shri Om Prakash
Jodhpur Vidyut Vitran Nigam Limited
DINESH MEHTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
