NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 2916 OF 2008 (From the order dated 4.4.08 in Appeal No.183/07 of the State Commission, Delhi) NCDRC Bar Association (Regd.) Petitioner Versus Davinder Malhotra & Ors. Respondents
BEFORE :
HONBLE MR.
JUSTICE M.B. SHAH, PRESIDENT
HONBLE MR.
JUSTICE K.S. GUPTA, MEMBER
HONBLE MR.
JUSTICE R.C. JAIN, MEMBER
For the Petitioner : Mr.R.P. Bhatt, Sr.Advocate
with
Mr.J.B. Mudgil, Advocate
18.07.2008
O
R D E R
Prima
facie, it appears that the State Commission forgets that, in addition to the
appellate and revisional jurisdiction under Section
24-B of the Consumer Protection Act, National Consumer Disputes Redressal Commission (hereinafter referred to as the National
Commission for brief) is having supervisory jurisdiction over consumer fora in
the country. This should be remembered
by the State Commission before commenting that the orders passed by the
National Commission are not binding to the Delhi State Commission. Hence, unless there is a contrary judgement by the Apex Court,
the State Commission is bound to follow the decision rendered by the National
Commission. Further, if there are
conflicting decisions rendered by the National Commission, the State Commission
may decide the matter appropriately accepting one or the other judgement.
Further,
the State Commission must remember that constitution of Bench before the
National Commission is absolutely within the jurisdiction of the President of
the National Commission and the Benches are to be constituted on the basis of
power conferred under Section 20 of the Act.
The State Commission has no business to interfere and criticize whether
the constitution of Bench is justified or not.
In view of
the above, Notice to the parties returnable on 28th August 2008.
Meantime, observations made by
the State Commission in the impugned order are stayed because it may lead to
indiscipline and insubordination with other consumer fora.
Registry is directed to call for
the record of this matter from the State Commission.
.J.
( M.B. SHAH)
PRESIDENT
J.
(K.S. GUPTA)
MEMBER
.J.
(R.C. JAIN)
MEMBER
/sra/ 1
/ Court-1