Legal Views

 Apex Court Decision on Jurisdiction of High Court  against the appellate/revisional  order of the National Consumer Dispute Redressal Commission: critical analysis  In M/S Universal Sompo General Insurance Co. Ltd versus Suresh Chander Jain and anr Special Leave Petition (Civil) No. 5263 of 2023, (2023 INSC 649) decided on July 26, 2023, the Supreme Court categorically held that   the order of the National Consumer Dispute Redressal Commission (NCDRC) in its appellate and revisional jurisdiction are liable to be challenged before the Jurisdictional  High Court under Article 226/ 227 of the Constitution of India. the appeal to the Supreme Court would lie only against the original jurisdiction.  the court expresses view as under:      " 38. in the aforesaid view of the matter, we have reached to the conclusion that we should not adjudicate this petition on merits. we must ask the petition herein to first go before the jurisdictional ...

 The  High Court of HP in Civil Writ Petition No. 3704 of 2012 titled as HP State Electricity Board Limited and another versus M/S Claridge Moulded Fibre Limited  held that  the quasi judicial authorities while passing an order has to pass a well reasoned and speaking order by touching all the contentions of the parties.    The High Court was  hearing a writ petition filed by the HP State Electricity Board Limited  against the order passed by the Consumer Grievance Redressal Forum (CGRF) constituted under section 42 (5) of the Electricity Act, 2003.  The Forum while passing the order did not render its findings on the points raised by the parties and thus HPSEBL feeling aggrieved and dissatisfied from the order, approached the High Court under Article 226 of the Constitution of India.      The High Court after hearing the parties, observed that Forum which has been constituted under the Electricity Act, 2003 is required to pass...