Consumer dispute
Raja
(Querist) 09 September 2012
This query is : Resolved
State Consumer Dispute Redressal Commission rejected the plea on ground of limitation without speaking order. NCDRC found it arbitrary and send to SCDRC for afresh adjudication. SCDRC rejected again on ground of limitation with a speaking order that the petitioner approached to Insurance Ombudsmen and IRDA for adjudication but having no fruit, appeared before SCDRC. NOW can Writ is maintainable in this case in High Court? AND/OR is there any judgement which shows the condone in similar case ?
Devajyoti Barman
(Expert) 09 September 2012
Though there is no specific bar on the Superintending Jurisdiction of the High Court under Article 226 or 227 of the Constitution,since there is specific provision for appeal before the NCDRC, it is btter to explore statutory legal recourse.
Raja
(Querist) 09 September 2012
do you have any specific judgement suporting the above matter
Kiran Kumar
(Expert) 09 September 2012
its better to approach NCDRC by way of a Revision Petition.
had it been merely an order of the Insurance Ombudsman, then the jurisdiction of HC could have been invoked but not in the present case.
