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2022 Supreme(Bom) 605

V.M.DESHPANDE, AMIT B.BORKAR
Aparna Abhitabh Chatterjee – Appellant
Versus
Union of India through its Secretary (Consumer Affairs), Ministry of Consumer Affairs, Food & Public Distribution, Department of Consumer Affairs – Respondent


Advocates Appeared:
For the Petitioners: Shri S.V. Bhutada.
For the Respondents: Shri Nandesh Deshpande, ASGI, Shri M.K. Pathan, APP, Shri H.R. Gadhia.

JUDGMENT :

Amit B. Borkar, J.

1. Since all these petitions seek the same relief and involve a similar factual matrix, we are disposing of them by one judgment.

2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

3. Since we treat Criminal Writ Petition No.199/2021 as a lead petition, we refer to parties and pleadings as stated in Criminal Writ Petition No.199/2021. By this petition under Articles 226 and 227 of the Constitution of India, the petitioners are seeking the following reliefs:-

    “(A) Declare Section 29A of the Consumer Protection Act, 1986 to be ultra-vires the Constitution of India.

(B) Quash and set aside the order dated 17th February 2020 (Annexure-P1) passed by the learned Additional District Consumer Disputes Redressal Forum, Nagpur in Consumer Complaint No. 232 of 2018; and

(C) Remand the Consumer Complaint no. 232 of 2018 for a re-hearing before the learned Additional District Consumer Disputes Redressal Forum, Nagpur; and

(D) Quash and set aside the prosecution of offence under Section 72 of the Consumer Protection Act, 2019 in case bearing no. EA/20/84 pending before the learned Additional District Consumer Disputes Redressal Forum, Nagpur;

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