New Delhi: The Supreme Court (SC), during a recent judgement, has observed that consumers can approach the National Consumer Disputes Redressal Commission to challenge the ex-parte orders of State Consumer Disputes Redressal Commissions.
A two-judge bench of the apex court comprising Justices Mohan M Shantanagoudar and R Subhash Reddy while hearing a case of M/S Shiur Sakhar Karkhana Pvt Ltd Vs. State Bank of India set aside the Bombay High Court order and observed that an alternative and efficacious remedy has been available to the consumers in the form of an appeal before the national commission.
“In our considered opinion, a plain reading of Section 21(a) (ii) read with Section 19 of the Act makes it clear that the National Commission has jurisdiction to entertain appeals against the orders passed by the State Commission. Section 21(a) (ii) does not state that appeals cannot be entertained against orders that have been passed ex parte. The plain and simple meaning of the said provision is that appeals will be entertained by the National Commission against any order passed by the State Commission. The word ‘orders’ as used in Section 21(a)(ii) means and includes ‘any orders’,” the bench observed.
Earlier, a contention was raised before the Bombay High Court by the appellant that an appeal can be filed before the national commission. However, the HC had concluded that an appeal may not lie before the national commission under Section 21 of the Act and consequently there was no alternative remedy available to the respondent.
