- (1.) Heard learned Counsel for the Petitioner and perused the record. The learned Counsel for Petitioner submitted that the instant writ petition has been filed under Article 226 of the Constitution of India for quashing the order dated 9.8.2010 passed by the Uttar Pradesh Consumer Disputes Redressal Commission (hereinafter referred to as the 'State Commission') in revision No. 109 of 2006, whereby the State Commission dismissed the Petitioner's revision and confirmed the order dated 28.4.2006 of the District Forum, Ghaziabad. The learned Counsel for the Petitioner further submitted that the State Commission has passed the aforesaid order in exercise of its revisional jurisdiction under Section 17(1)(b) of The Consumer Protection Act, 1986 (hereinafter referred to as 'the Act'), therefore, the order so passed is not appealable before the National Consumer Disputes Redressal Commission (hereinafter referred to as the 'National Commission'). According to Section 19 of the Act only an order passed under Sub-clause (i) of Clause (a) of Section 17 of the Act is appealable before the National Commission, therefore, the instant writ petition under Article 226 of the Constitution of India is maintainable.
(2.) The Consumer Protection Act, 1986 has been enacted to provide for better protection of the interests of consumers and for that purpose to make provision for the establishment of consumer councils and other authorities for the settlement of consumers' disputes and for matters connected therewith. The Act has provisions for constitution of District Forum, State Commission and National Commission, respectively, at the District level, State level and the National level for redressal of the grievances (complaints) of the consumer.
(3.) The National Commission has power of revision and that power has been very specifically conferred on the National Commission under Section 21(b) of the Act. Moreso, Section 21(a)(ii) of the Act has conferred jurisdiction on the National Commission to entertain appeals against the orders of any State Commission but there is no specification as to which of the orders of the State Commission is appealable under Section 21(1)(a) of the Act. Therefore, the provisions of Section 21(a)(ii) of the Act have to be read alongwith the provisions of Section 19 of the Act. As such the orders passed by the State Commission in exercise of original jurisdiction under Section 17(1)(a)(i) of the Act is appealable before the National Commission. If the provisions of Section 21(a)(ii) of the Act is read in isolation, each and every order passed by the State Commission is appealable before the National Commission. In fact Section 21 of the Act deals with the jurisdiction of the National Commission which confers on it not only the original jurisdiction of value of certain amount but also deals with the jurisdiction to entertain appeal against the order of the State Commission and also to exercise revisional jurisdiction. Whereas Section 19 of the Act provides as to which order of the State Commission is appealable, therefore, Sections 19 and 21 of the Act have to be read together to decide the question as to whether a particular order is appealable or not.;