In writ filed by the OP in a high court, the high court has passed a stay on the impunged orders that were passed by a district consumer court. The impunged orders were of the nature exparte-interim injunction. The OP challenged the order saying that consumer court is outside its jurisdiction in passing interim injunction order.
Does the consumer court has rights to pass interim injunction orders? Please comment.
As per the Consumer protection act (Amendment 2002) it can pass such orders as per section 3B.
But in the same act in the comments section it is given that it cannot pass interim orders. But these order were passed before the amendment took place.
The section 3B of the Consumer protection act reads
(3B) Where during the pendency of any proceeding before the District Forum, it appears to it
necessary, it may pass such interim order as is just and proper in the facts and circumstances of
the case).
In the comments section the following court orders have been quoted
(iv) The Fora have no jurisdiction to pass interim order. The complaint was filed to restrain a public issue. It was
also held that unsuccessful applicants, :who have not been allotted any shares can not prefer a complaint under the
Act; Morgan Stanley v. Kartlk Das, II (1994) CPJ 7 (SC).
(vii) Consumer Forums have no jurisdiction to pass interim orders; District Manager, Telephones v. Mis. Munilal
Erij Mohan, 1(1993) CPJ 41 (NC).
