CAN HIGH COURT ENTERTAIN WRIT PETITION AGAINST ORDER OF CONSUMER FORUM ?

  

Introduction:

“Justice is a consumer product and must therefore meet the test of confidence, reliability and dependability like any other product if it is to survive market scrutiny. It exists for the citizenry ‘at whose service only the system of justice must work'. Judicial responsibility, accountability and independence are in every sense inseparable. They are, and must be, embodied in the institution of the judiciary.”

What is Consumer Protection Act?

Consumer Protection act is an act which is made specifically for consumer to provide them better protection in their area of interest. It covers wider area as it is considered the most important legislation enforced for the benefit of the consumer. In India, subject of Consumer protection has received significant importance from ancient times. At the time of Britishers, the main aim is to develop a body of positive laws to protect consumers and develop enforcement mechanisms but it could only help the resourceful class, so it found that the legal framework on consumer protection was inadequate and hardly served the interests of the consumer.  After Indian independence the Constitution aimed at a fundamental change to the existing scenario. It is obligated the state to provide the adequate protection to consumer. As Gandhian insist, small is beautiful in the same way law must too relate itself to the small man’s right to justice.

Legislative Objectives of Consumer Protection Act

Realizing that the issues relating to consumer welfare affect millions of people of the nation, since everyone is a consumer in one way or the other, the Government of India attempted to undertake several measures to ensure consumer welfare in the country. So the main objectives it to promote and protect the right of consumers such as safety, choice, information, and to establish consumer protection council at the central, state and district level for enhancing the consumer protection mechanism and to create a special quasi-judicial mechanism at nation, state and district level to provide speedy and simple redressal to consumer disputes and lastly to empower these quasi- judicial bodies:

(a)   To give relief of specific nature and to award whenever appropriate

(b)   Provided penalties for non-compliance of its orders. 

Then Supreme Court gives several of its decision on interpretation of this statute and rules and regulations established under this statue in. In  Common Cause, A Registered Society v. Union of India AIR 1993 SC 1403 the Supreme Court referring to the legislative object and Purpose of the Consumer Protection Act that it is for the protection of interest of consumer because in past few years they are not getting their money’s worth and was being exploited by traders.

Three Tier Consumer Grievances Machinery under the Consumer Protection Act

The Act sets up a three- tier structure for the redressal of consumer grievances. At the lowest level, i.e. the District level is the Consumer Redressal Forum known as “the District Forum”, at the next higher level, i.e., the State level, is the Consumer Disputes Redressal Commission known as ‘the State Commission” and the highest level is the National Commission.

An appeal lies to the State Commission against an order made by the District Forum (Section 15) and an appeal lies to the National Commission against an order made by the State Commission on a complaint filed before it or in an appeal against the order passed by the District Forum. (Section 19). The State Commission can exercise revisional powers on ground similar to those contained in Section 115 CPC in relation to a consumer dispute pending before or decided by a District Forum and the National Commission has similar revisional jurisdiction in respect of a consumer dispute pending before or decided by a State Commission.

This three- tier quasi- judicial institution was envisaged by the act and an institution to provide speedy and inexpensive justice outside their doors to a class of litigants designated as consumers. The Forums under the Act were considered as alternative forums and they were empowered to such procedures, which avoid delay in proceedings. The principle goal behind creation these forums was to arrive to a just decision of the case by restoring to the principle of natural justice It is held under the Case Charan Singh v. Healing Touch Hospital AIR 2000 SC 3138 by the Supreme Court.

What If the Writ petition filed against the order Of Consumer Fora lies to the HIGH COURT???

No High Court cannot entertain a writ petition against the order of the Consumer Fora. As is ruled by the Supreme Court. Part III Article 32 of the Constitution describes the Writ Petition.

·     Article 32 grants the right to move the supreme court by “appropriate proceedings for the enforcement of fundamental rights conferred in part 3 of the constitution.

·       It also confers power on the Supreme Court to issue appropriate directions or order or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo- warranto and certiorari.

·        Parliament empowers any other court to exercise with in local limits of its jurisdiction.

 A similar power is given by the High Courts but the High Courts have power to issue writs not only for the enforcement of fundamental rights but for any other purpose also. There is some Jurisdiction of the High Court:

·       Article 215 declares that every High Court shall be a Court of record and shall have all powers of such a court including the power to punish for its contempt.

·        No power to punish for contempt of Superior Court.

The Amendment in 2002 of proviso to section 115(1) of the CPC made the remedy against limitation of the High Court and does not affect the jurisdiction of the high Court under Article 226 and 227 which explains the Jurisdiction of the high Court as thereby:

·     Every High Court shall have power throughout the territorial limits in relation to which it     exercises jurisdiction to issue to any person or authority

·         Includes appropriate case to order of writs.

Interim Relief. - According to the 44^th Amendment Act 1978 High Court has power to issue interim orders and also provides it where an interim order is passed against a party (ex-parte) without furnishing of copies of such petition an without giving him an opportunity of being heard and if the party makes an application to the High Court for the vacation of such order the High Court shall be bound to dispose of such an application within 2 weeks.

Case.- State of West Bengal v. Calcutta Hardware Stores (1986) 2 SCC 203 , the Respondents were prosecuted under the essential Commodities Act and goods worth Rs. 60 lacs were seized from them and notice for the confiscation of the seized goods was given. The High Court granted an interim order directing to release of the seized goods. The Supreme Court held that the ad interim order of the High Court was illegal and invalid.

There was one more landmark Case which says no challenge of Consumer forum order in High Court. In Ciclly Kallarackal v. Vehicle Factory (2012) 8 SCC 524 , The Supreme Court Ruled that the High court cannot entertain a writ petition against the order of the Consumer Forum for which the law prescribes a statutory channel of appeal. The dispute finally decided by the National Commission in Kallarackal’s favour. It is also contended that when the legislature provide proper channel for appeal to tribunal or higher court, it would be not proper to pass the remedy to the High Court in its writ jurisdiction which is given under Ar. 226. Accordingly it is directed to High Court to use its power while taking proper caution or while entertaining the writ petitions. So after this, it is also ordered to inform all the other high courts about this Information.

The impact of this Judgment is that this ruling will save consumers the harassment of needlessly being dragged by the opponent to the HC to frustrate and tire them out.

Conclusion :

It is concluded that the case which lies on the Consumer forums can not be transfer to High Court because these three tire mechanism offers a resolution of consumer disputes and this act provides speedy mechanism.