M/S. MORANI CARS PVT. LTD. Vs. RAJASTHAN STATE CONSUMER DISPUTES REDRESSAL COMMISSION & ORS.
LAWS(RAJ)-2013-7-324
HIGH COURT OF RAJASTHAN
Decided on July 29,2013

M/S. Morani Cars Pvt. Ltd. Appellant
VERSUS
Rajasthan State Consumer Disputes Redressal Commission And Ors. Respondents

JUDGEMENT

Alok Sharma, J. - (1.) THIS petition seeks to challenge the orders dated 27.08.2012, 14.12.2012, 22.04.2013 as also 10.07.2013, all passed by the Rajasthan State Consumer Disputes Redressal Commission. Heard the counsel for the petitioner.
(2.) THE Consumer Protection Act, 1986 (hereinafter 'the Act of 1986') is a complete code for the remedies available to a person against orders passed under the proceedings under the Act of 1986. Section 19 of the Act of 1986 provides that any person aggrieved by an order made by the State Commission in the exercise of its powers conferred by sub -clause (i) of clause (a) of Section 17 may prefer an appeal against such order to the National Commission within a period of thirty days from the date of order in the prescribed form and manner and further that an appeal can be entertained beyond the period of limitation prescribed under Section 19 in the event the National Commission is satisfied that there was sufficient cause for not filing the appeal within time. The second proviso of Section 19 of the Act of 1986 is not relevant for the adjudication of the present writ petition. Further Section 21(b) of the Act of 1986 provides that the National Commission shall have jurisdiction to call for the records and pass appropriate orders in any consumer dispute which inter alia has been decided by the State Commission and where it appears to the National Commission that the State Commission has exercised a jurisdiction not vested in it by law or otherwise has failed to exercise jurisdiction so vested or further has acted in the exercise of its jurisdiction illegally or with material irregularity. Section 19 and Section 21 of the Act of 1986 as referred above make it evident that the Consumer Protection Act, 1986 is a complete code in itself and any person aggrieved, rightly or wrongly, of the orders passed by the State Commission has ample, adequate and efficacious remedy.
(3.) IN view of the aforesaid, in my considered opinion, aggrieved of the impugned orders dated 27.08.2012, 14.12.2012, 22.04.2013 and 10.07.2013 all relating to the exercise of jurisdiction by the State Commission, the petitioner ought to seek its remedy before the National Commission under the Act of 1986. No good cause has been made out for approaching this Court under Article 226 and 227 of the Constitution of India. Consequently, I find no force in the petition and the same is dismissed. Stay application also stands dismissed.;


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