Dismissed

New India Assurance Company Ltd. v. Joydeb Saha and Anr.

Tripura HC1 Jun 2017WP(C)/560/2017

Case brief

AI extract

What is this about?

In WP(C) No. 560 of 2017, the High Court dismissed the petitioner's writ petition challenging an order of the State Commission for Consumer Disputes. Noting that a statutory appeal lies to the National Commission under Section 19 of the Consumer Protection Act, 1986, the Court held it should not exercise writ jurisdiction to avoid conflicting jurisdictions. The petition was dismissed without order

What did the court decide?

None; petition dismissed with leave to approach the appropriate forum.

New India Assurance Company Ltd. Vs Joydeb Saha and Anr. — Consumer Protection | Tripura HC (2017)

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Noting by Officer or Serial Date Advocate No	Office notes, reports, orders or Proceedings with signature
01.06.2017	WP(C) 560 OF 2017 BEFORE THE HON’BLE MR. JUSTICE S. TALAPATRA Heard Mr. DK Biswas, learned counsel for the petitioner. This is a petition filed under Article 226/227 of the Constitution of India challenging the order dated 20.02.2017 delivered by the State Commission for Consumer Disputes Redressal in case No. A/49/2016. The relevant part of the order dated 20.02.2017 reads as follows: “The instant appeal is disposed of as withdrawn with a liberty to the appellant, New India Assurance Company Ltd. to approach the appropriate Forum in accordance with law.” Mr. Biswas learned counsel has submitted the order itself is telling that the petitioner was virtually forced to withdraw the petition as the said appeal was filed against an order passed by the District Forum for Consumer Disputes. According to this Court, since there is a provision of appeal under Section 19 of the Consumer Protection Act, 1986 against any order passed by the State Commission in exercise of its powers conferred by sub- clause(i) of clause (a) of Section 17 to the National commission, this Court shall not exercise its jurisdiction. Moreover, it has been already observed by the Apex Court that the High Court may not interfere, in exercise of their powers under Art.226 or 227 of the Constitution, in any order passed by the State Commission for Consumer

Noting by Officer or Serial Date
Advocate No

Office notes, reports, orders or
Proceedings with signature

01.06.2017

WP(C) 560 OF 2017
BEFORE
THE HON’BLE MR. JUSTICE S. TALAPATRA
Heard Mr. DK Biswas, learned counsel for
the petitioner.
This is a petition filed under Article 226/227
of the Constitution of India challenging the
order dated 20.02.2017 delivered by the State
Commission for Consumer Disputes Redressal in
case No. A/49/2016.
The relevant part of the order dated
20.02.2017 reads as follows:
“The instant appeal is disposed
of as withdrawn with a liberty to the
appellant,
New
India
Assurance
Company
Ltd.
to
approach
the
appropriate Forum in accordance
with law.”
Mr. Biswas learned counsel has submitted
the order itself is telling that the petitioner was
virtually forced to withdraw the petition as the
said appeal was filed against an order passed
by the District Forum for Consumer Disputes.
According to this Court, since there is a
provision of appeal under Section 19 of the
Consumer Protection Act, 1986 against any
order passed by the State Commission in
exercise of its powers conferred by sub-
clause(i) of clause (a) of Section 17 to the
National commission, this Court shall not
exercise its jurisdiction.
Moreover, it has been already observed
by the Apex Court that the High Court may not
interfere, in exercise of their powers under
Art.226 or 227 of the Constitution, in any order
passed by the State Commission for Consumer

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Noting by Officer or Advocate	Serial No	Date	Office notes, reports, orders or Proceedings with signature
			Dispute Redressal as that poses conflicts of jurisdiction as created by the statute. In view of this, this petition is dismissed. However, that shall not create any bar to approach the appropriate forum. No order as to costs.
			JUDGE

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New India Assurance Company Ltd. v. Joydeb Saha and Anr.

Case brief

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New India Assurance Company Ltd. v. Joydeb Saha and Anr.

Case brief

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