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1998 Supreme(Kar) 779

R.P.SETHI, MOHAMED ANWAR
VISHWABHARATHI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD. ,BANGALORE – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
A.V.SRINIVASA REDDY, G.S.Mahadevappa, N.D.R.Ramachandra Rao, N.DEVDAS

R. P. SETHI, J.

( 1 ) FEELING personally aggrieved by notice dated 9-9-1996 issued by the City Civil Court (CCH No. 18), District Courts, Bangalore, the petitioner has ignited the process of this Court in the name of public litigation praying for quashing of the Consumer Protection Act, 1986, (Central Act No. 68/86) (hereinafter called as 'act' ). The Act has been termed to be unconstitutional being violative of the provisions of Articles 14 and 19 of the Constitution. It is, further, submitted that the Act has been passed without jurisdiction. It is contended that the enactment of the Act amounts to changing the basic features of the Constitution in as much as attempt has allegedly been made to constitute parallel Courts to the hierarchy of Courts established under the Constitution viz. , District Courts, High Courts and Supreme Court. According to the petitioner such a law could not be enacted without amending Constitution in accordance with the procedure as laid down under Article 368 of the Constitution of India. The establishment of Consumer Forums is apprehended to result in rendering of conflict of decisions. As the orders passed by the Consumer Forums cannot be equated with


















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