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Supreme Court of India 2022-05-13 dismissed

Ibrat Faizan vs Omaxe Buildhome Private Limited

Bench: 2 — M.R. Shah, B.V. Nagarathna

In Brief

The Supreme Court held that a writ petition under Article 227 of the Constitution is maintainable before the High Court against orders of the National Consumer Disputes Redressal Commission passed on appeals under Section 58(1)(a)(iii) of the Consumer Protection Act, 2019. Since no further appeal to the Supreme Court is available for such orders, the High Court's writ jurisdiction provides the necessary remedy. The National Commission qualifies as a tribunal vested with judicial powers, making it subject to High Court superintendence. However, the High Court must exercise such jurisdiction strictly within Article 227's parameters, which relate to superintendence and not routine appellate review, particularly when considering interim reliefs.

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Consumer Protection Law Constitutional Law Jurisdiction Judicial Review High Court Powers National Consumer Disputes Redressal Commission Article 227 of Constitution

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