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C. HARI SHANKAR
Syamasis Bandyopadhyay – Appellant
Versus
Dr. Kalyani Das Sarkar – Respondent
JUDGMENT
C.Hari Shankar, J. - This petition under article 227 of the Constitution of India, assails orders dated 22nd January, 2020 and 12th February, 2020, passed by the learned National Consumer Dispute Redressal Commission ('the learned NCDRC'), in Consumer Case 73/2017.
2. In as much as I am proposing to dispose of this petition with an order which would not cause any prejudice to the respondent, I do not deem it necessary to issue formal notice in the matter.
3. a short history of the litigation is necessary. a complaint was filed by Respondent 1 against the petitioner and Respondents 2 and 3 before the learned NCDRC. The petitioner was Opposite Party No. 3. Replies were filed, to the complaint, by the three opposite parties, including the petitioner. On 27th april, 2017, the learned NCDRC directed the respondents to file rejoinder to the replies filed by the petitioner and Respondents 2 and 3 within four weeks. This time was extended by subsequent orders dated 20th June, 2017 and 13th November, 2017.
4. Three rejoinders, one to each of the replies filed by the three opposite parties (including the present petitioner), were filed by the respondent on 12th February, 2018, with an a
The main legal point established is the need for expeditious proceedings in consumer dispute cases and the directive to the NCDRC to proceed with the complaint in an expeditious manner.
The court's supervisory jurisdiction under Article 227 does not extend to procedural monitoring unless manifest injustice results, allowing a party to file a surrejoinder to address objections to the....
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....
Consumer complaints instituted under the repealed Consumer Protection Act, 1986 continue before the corresponding forums and are not affected by the enactment of the Consumer Protection Act, 2019.
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....
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