Quotations from Consumer Judgments 05.08.2022-Aticle 226&227

“No further appeal to this Court is provided against the order passed by the National Commission in exercise of its powers conferred under Section 58(1)(a)(iii) or under Section 58(1)(a)(iv) of the 2019 Act. In that view of the matter, the remedy which may be available to the aggrieved party against the order passed by the National Commission in an appeal under Section 58(1)(a)(iii) or Section 58(1)(a) (iv) would be to approach the concerned High Court having jurisdiction under Article 227 of the Constitution of India",

Ibrat Faizan versus Omaxe Buildhome Private Limited,SC

Order dated 13.05,2020

This is  well settled law that no writ petition lies against the order of the consumer commissions before the High Courts.Supreme Court in Cicily Kallarackal Vs. Vehicle Factory [(2012) 8 SCC 524] judgment held

“to state in absolute terms that it is not appropriate for the High Courts to entertain writ petitions under Article 226 of the Constitution of India against the orders passed by the Commission, as a statutory appeal is provided and lies to this Court under the provisions of the Consumer Protection Act, 1986. Once the legislature has provided for a statutory appeal to a higher court, it cannot be proper exercise of jurisdiction to permit the parties to bypass the statutory appeal to such higher court and entertain petitions in exercise of its powers under Article 226 of the Constitution of India."

Cicily Kallarackal Vs. Vehicle Factory [(2012) 8 SCC 524] 

S.L.P.(C) No.24228-24229 of 2012 (CC Nos. 12891-12892 of 2012)

Dated ;6 Aug 2012

By Dr Prem Lata Legal Head VOICE