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IN THE HIGH COURT AT CALCUTTA
OM NARAYAN RAI
Tripti Das – Appellant
Versus
Phani Bhusan Mandal – Respondent
JUDGMENT :
OM NARAYAN RAI, J.
1. This application styled as “an application under Article 226/227 of the Constitution of India” is directed against an order dated May 10, 2024 passed by the National Consumer Disputes Redressal Commission (hereafter “NCDRC”) thereby dismissing the petitioner’s revision against an order dated December 15, 2022 passed by the State Consumer Disputes Redressal Commission.
2. Since this application has been styled as one under Article 226/227 of the Constitution of India, a point of maintainability thereof was taken by the learned Advocates appearing for the respondents at the very threshold. It was submitted that a petition under Article 226 of the Constitution of India can be entertained only if the same is directed against an authority answering the definition of “State” under Article 12 of the Constitution of India. However, since in the present writ petition only private parties are arrayed as respondents, the same cannot be entertained as a writ petition under Article 226 of the Constitution of India.
SUBMISSIONS ON BEHALF OF THE PETITIONERS:-
3. Dr. Saha appearing for the petitioner submitted that in terms of the judgment of the Hon’ble Supreme Court i
The power under Article 227 is intended to be used sparingly and only in appropriate cases, for the purpose of keeping the subordinate courts and tribunals within the bounds of their authority and no....
(1) Appeal to Supreme Court – Appeal against order passed by NCDRC to Supreme Court would be maintainable only in case order is passed by NCDRC in exercise of its powers conferred under Section 21(a)....
The main legal point established in the judgment is the importance of adhering to the specific provisions of the Constitution, particularly regarding the jurisdiction of the High Court under Article ....
The main legal point established is that a party should not suffer due to the mistake of its counsel, and that the court's jurisdiction to entertain a writ petition is determined by the territories w....
The supervisory jurisdiction of High Courts under Article 227 is confined to tribunals located within their territorial limits, and cannot be exercised over tribunals situated outside those limits.
Writ jurisdiction under Article 226 cannot be invoked where effective alternative remedies exist, especially in consumer disputes; exceptions are limited and clearly defined.
The court upheld that when an alternative efficacious remedy exists, it shall refrain from exercising jurisdiction under Articles 226 or 227 of the Constitution, emphasizing the importance of statuto....
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