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Supreme Court of India 2022-05-13 dismissed

Ibrat Faizan vs Omaxe Buildhome Private Limited

Bench: 2 — M.R. Shah

In Brief

The Supreme Court held that a writ petition under Article 227 is maintainable against orders of the National Consumer Disputes Redressal Commission passed in appeals under Section 58(1)(a)(iii) of the Consumer Protection Act, 2019. Since Section 67 limits Supreme Court appeals only to orders passed under Section 58(1)(a)(i) or (ii), the High Court's Article 227 jurisdiction provides the appropriate remedy for aggrieved parties. The National Commission qualifies as a 'tribunal' empowered by statute to determine conclusively the rights of contending parties. The High Court must exercise this jurisdiction within Article 227's rigorous parameters and grant interim relief cautiously, respecting the limited supervisory nature of the jurisdiction.

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Consumer Protection Constitutional Law Article 227 Judicial Review Tribunals

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