The High Court dismissed a writ petition challenging arrest warrants issued by the State Consumer Redressal Commission against petitioners for non-compliance with orders. The court held that final orders remained unchallenged.
None granted; writ petition dismissed.
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( 2023:RJ-JP:13251 )
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 859/2023
----Petitioners
Versus
Sunita Aggarwal W/o Shri Narendra Gupta, R/o F-620, Shiv Shakti Paradise, Vidhyadhar Nagar, Jaipur, Rajasthan, Presently At Flat No. 403, 4Th Floor, Okay Palace, Anand Vivekanand Marg, C-Scheme, Jaipur, Rajasthan-302001.
----Respondent
For Petitioner(s) : Mr. Hitesh Jain. For Respondent(s) : Mr. Gaurav Rathore.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
03/07/2023
This writ petition has been filed by the petitioners challenging the order dated 22.12.2022 passed by the State Consumer Redressal Commission, Bench-3, Jaipur (hereinafter to be referred as ‘State Commission’) whereby the arrest warrants have been issued against the petitioners.
Brief facts of the case are that the respondent-complainant filed a complaint before the State Commission, Jaipur which was allowed by the State Commission, Jaipur vide its order dated 25.02.2022. Being aggrieved by the order dated 25.02.2022 passed by the State Commission, Jaipur the petitioner filed first
[CW-859/2023]
(2 of 3)
appeal before the National Consumer Dispute Redressal Commission, New Delhi (hereinafter to be referred as ‘National Commission’) which was dismissed vide order dated 18.04.2023. However, during pendency of the appeal before the National Commission the respondent-complainant had filed an execution petition and in the said proceedings the petitioners made part payment to the respondent-complainant, but the ultimate fact is that the order passed by the State Commission has not been complied with by the petitioners in full and true spirit as yet and the State Commission vide its order dated 22.12.2022 has issued the arrest warrant against the petitioners against which the petitioners have approached this court by filing the present writ petition.
Counsel for the petitioners submits that the petitioners have already made part payment to the respondent-complainant and seeks some more time to make the payment of the remaining amount and prayed for allowing the writ petition.
Heard counsel for the petitioners and perused the record.
Admittedly, the petitioners have not complied with the orders passed by the State Commission as well as the National Commission and the appeal filed by the petitioners before the National Commission assailing the order passed by the State Commission has already been dismissed by the National Commission vide order dated 18.04.2023 and as such the orders passed by the State Commission as well as the National Commission have attained finality and the petitioners have failed to challenge the order passed by the National Commission dated 18.04.2023.
[CW-859/2023]
(3 of 3)
Under the facts and circumstances and on overall scrutiny of the material on record, in my considered view, no case is made out for interference by this court under Article 227 of the Constitution of India.
Hence, this writ petition stands dismissed.
(INDERJEET SINGH),J
MG/37
2 issues framed by the court
Whether to grant relief in a writ petition challenging the issue of arrest warrants by the State Consumer Redressal Commission for non-compliance with its orders.
Whether a writ petition is maintainable under Article 227 of the Constitution of India when the impugned orders have attained finality.
1 provisions across 1 enactments
V.n. Buildtech Pvt. Ltd.
Sunita Aggarwal
Inderjeet Singh
As recorded by the court registry
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