Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | against the order of National Consumer Dispute Redressal Commission in an appeal u/s. 58(1)(a)(iii) Constitution of India: Art. 227 – Petition under – Maintainability of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India: Art. 227 – Petition under – Maintainability of, against the order of National Consumer Dispute Redressal Commission in an appeal u/s. 58(1)(a)(iii) – Held: Is maintainable – National Commission can be said to be a ‘tribunal’ which is vested by Statute the powers to determine conclusively the rights of two or more contending parties with regard to any matter in controversy between them – It satisfies the test of an authority vested with the judicial powers of the State and thus, regarded as a ‘tribunal’ within the meaning of Art. 227 and/or 136 – Also, in a given case, this Court may not exercise its powers u/Art. 136, in view of the remedy available to the aggrieved party before the concerned High Court u/Art 227, as it is appropriate that aggrieved party approaches the concerned High Court by way of writ petition u/Art. 227 – Also, remedy by way of special leave u/Art. 136 may be too expensive and can be said to be inaccessible for it to be real and effective – Thus, the High Court did not commit any error in entertaining the writ petition u/Art. 227 against the order passed by National Commission – Consumer Protection Act, 2019 – ss. 58(1)(a)(iii), 67. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2022 INSC 573 |
Petitioner | Ibrat Faizan |
Respondent | Omaxe Buildhome Private Limited |
SCR | [2022] 4 S.C.R. 632 |
Judgement Date | 2022-05-13 |
Case Number | 3072 |
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