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Universal Sompo General Insurance Co. Ltd. Vs. Suresh Chand Jain and Ors. - (Supreme Court) (26 Jul 2023)

Party can approach Apex Court under Article 136 of Constitution, only if, the order was passed by NCDRC in exercise of its original jurisdiction

MANU/SC/0800/2023

Consumer

Present petition seeking leave to appeal under Article 136 of the Constitution, 1950 is at the instance of Universal Sompo General Insurance Company Limited, Original Appellant before the National Consumer Disputes Redressal Commission ('the NCDRC') by which the NCDRC dismissed the appeal filed by the Petitioner thereby affirming the order passed by the State Consumer Disputes Redressal Commission ('the SCDRC'), holding that the Respondent No. 1 /complainant was entitled to receive the claim amount and appropriate compensation from the Petitioner and its joint venture partner viz. Allahabad Bank (Respondent No. 2) for the goods stolen from the premises in question.

The moot question that falls for consideration is whether present Court should entertain this petition seeking special leave to appeal under Article 136 of the Constitution directly against the order passed by the NCDRC in exercise of its appellate jurisdiction or relegate the Petitioner to avail the remedy of filing a writ petition Under Article 226 of the Constitution or a petition invoking supervisory jurisdiction of the jurisdictional High Court Under Article 227 of the Constitution?

A plain reading of the provisions of the Consumer Protection Act, 1986 and Consumer Protection Act, 2019, respectively would indicate that the remedy of appeal to this Court is available only with respect to the orders passed by the NCDRC in exercise of its powers conferred by Section 21(a)(i) of the Act, 1986 and 58(1)(a)(i) or 58(1)(a)(ii) of the Act, 2019. Both the Acts provide for the remedy of appeal to this Court only with respect to the orders which are passed by the NCDRC in its original jurisdiction or as the court of first instance (original orders) and no further appeal lies against the orders which are passed by the NCDRC in exercise of its appellate or revisional jurisdiction.

The jurisdiction of the Supreme Court to grant special leave to appeal can be invoked in very exceptional circumstances. The question of law of general public importance or a decision which shocks the conscience of the Court are some of the prime requisites for the grant of special leave. The provisions of Article 136 of the Constitution as such are not circumscribed by any limitation. But when the party aggrieved has alternative remedy to go before the High Court, invoking its writ jurisdiction or supervisory jurisdiction, this Court should not entertain petition seeking special leave.

Present Court should not adjudicate this petition on merits. The Petitioner is asked to first go before the High Court either by way of a writ application under Article 226 of the Constitution or by invoking the supervisory jurisdiction of the jurisdictional High Court under Article 227 of the Constitution. After the High Court adjudicates and passes a final order, it is always open for either of the parties to thereafter come before this Court by filing special leave petition, seeking leave to appeal under Article 136 of the Constitution. Petition disposed off.

Tags : ALTERNATE REMEDY   PROCEDURE   JURISDICTION  

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