National Consumer Commission’s Appellate Order Can Be Challenged Before High Court Under Article 227: SC
National Consumer Commission’s Appellate Order Can Be Challenged Before High Court Under Article 227: Supreme Court
Background
The National Consumer Disputes Redressal Commission (NCDRC) is a quasi-judicial body that handles consumer disputes at the national level. It hears appeals against orders passed by State Consumer Commissions.
Issue Addressed by the Supreme Court
The key legal question was whether an order passed by the NCDRC in an appeal can be challenged in the High Court through a writ petition under Article 227 of the Constitution of India.
Article 227 empowers High Courts with the “inherent powers” to supervise all courts and tribunals within their jurisdiction.
The question: Can the High Court exercise this power to review the NCDRC’s appellate orders?
Supreme Court’s Ruling
The Supreme Court held that:
Appellate Orders by NCDRC Are Not Beyond Judicial Review
Though the NCDRC’s orders are appellate in nature, they are still subject to supervisory jurisdiction of the High Court.
Article 227 provides the High Court with inherent jurisdiction to ensure justice is served.
High Courts Can Entertain Writ Petitions Against NCDRC Orders
A writ petition under Article 227 is maintainable against the NCDRC’s appellate orders.
This is important for correcting errors of jurisdiction, procedural irregularities, or gross injustice.
Limits of Article 227
Article 227 is a supervisory jurisdiction, not an appellate jurisdiction.
High Courts will not interfere with every error but only in cases of jurisdictional errors, manifest injustice, or violation of principles of natural justice.
Consumer Protection Act Provisions
The Act does not expressly oust the High Court’s power under Article 227.
The High Court can intervene if the NCDRC has acted without jurisdiction or committed a gross miscarriage of justice.
Significance of the Ruling
It strengthens judicial oversight over consumer dispute redressal mechanisms.
Consumers and parties now have an additional remedy to challenge questionable appellate orders.
It ensures checks and balances on quasi-judicial bodies like the NCDRC.
Important Points to Remember
| Aspect | Explanation |
|---|---|
| NCDRC Appellate Orders | Can be challenged in High Court under Article 227 |
| Article 227 | High Court’s inherent supervisory jurisdiction |
| Scope of Interference | Only in cases of jurisdictional errors or gross injustice |
| Remedy for Parties | Writ petitions under Article 227 |
| Consumer Protection Act | Does not bar High Court’s supervisory powers |
Related Case Laws
Laxmi Pat Surana v. Union of India (2019) – Supreme Court emphasized the scope of High Court’s jurisdiction under Article 227.
Bharat Petroleum Corporation Ltd. v. Great Eastern Shipping Co. Ltd. (2007) – Held that High Courts can intervene under Article 227 against orders of tribunals.
K.T. Plantation Pvt. Ltd. v. State of Karnataka (2011) – Explained the limits of supervisory jurisdiction under Article 227.
Conclusion
The Supreme Court has made it clear that orders passed by the National Consumer Commission in appeals are not immune from judicial scrutiny. The High Courts can exercise their supervisory jurisdiction under Article 227 to ensure justice and fairness, protecting consumers and maintaining the integrity of the consumer dispute redressal system.
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