Back
MOHIT KUMAR SHAH
Sanjay Kumar Giri – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the order dated 19.11.2021, passed by the learned State Consumer Disputes Redressal Commission, Bihar, Patna, sitting singly, in Appeal No. 46 of 2020.
2. The learned counsel for the parties submit that the order dated 19.11.2021,passed by the President, State Consumer Redressal Commission, Bihar, Patna sitting singly, is in teeth of the mandate of Section 14(2) of the Consumer Protection Act, 1986, hence the said order dated 19.11.2021, suffers from the vice being coram non judis.
3. At this juncture, it would be relevant to reproduce hereinbelow Section 18 and Section 14(2) of the Consumer Protection Act, 1986.
18. Procedure applicable to State Commission.—The provisions of sections 12, 13 and 14 and the rules made thereunder for the disposal of complaint by the Districts Forum shall, with such modification as may be necessary, be applicable to the disposal of disputes by the State Commission ..."
And
14. Finding of the District Forum
...(2) Every proceeding referred to in sub-section (1) shall be conducted by the President of the District Forum and at least one member thereof sitting together:
PROVIDED that wher
Timely appointments to consumer commissions are essential to prevent disruption of services and protect consumer rights, as delays are arbitrary and against public interest.
The enforcement of orders under the Consumer Protection Act can proceed from a District Forum regardless of modifications made by the National Commission, ensuring continuity and procedural integrity....
Point of Law : President or the senior most member is entitled to conduct proceedings of the National Commission in accordance with the statutory prescription.
Writ petitions against District Consumer Redressal orders are not maintainable when an alternative remedy under the Consumer Protection Act exists, reinforcing the need to follow statutory appeal pro....
The High Court's jurisdiction under Article 227 is limited and should only intervene in cases of clear jurisdictional errors.
The Supreme Court emphasized the necessity of establishing consumer commissions and the role of Article 142 in ensuring timely redress for limited complaints in certain states.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
