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 :

                   HON’BLE  MR. JUSTICE  M.B. SHAH,  PRESIDENT

                   HON’BLE  MR. JUSTICE  K.S.  GUPTA,  MEMBER

                   HON’BLE  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