CICILY KALLARACKAL Vs. VEHICAL FACTORY

JUDGEMENT

(1.) These special leave petitions have been filed against the impugned judgments and orders dated 16.9.2008 in Writ Appeal No. 2518 of 2007 and 17.12.2009 in Review Petition No. 380 of 2009. In order to decide the controversy it is not necessary to make the reference to the factual controversy involved herein.The basic issue has been raised in the petition that the Kerala High Court did not have jurisdiction to entertain the writ petition against the judgment and order passed by the National Consumer Disputes Redressal Commission (hereinafter called the Commission). The said order could be challenged only before this Court in view of the provisions of National Consumer Protection Act, 1986, thus, the order passed by the High Court impugned herein is a nullity for want of jurisdiction.

(2.) So far as the issue of jurisdiction is concerned, the learned counsel for the petitioner is right that the High Court had no jurisdiction to deal with the matter against the order of the Commission. However, while dealing with a similar issue this Court in Mohammad Swalleh & Ors. v. IIIrd All. District Judge, Meerut & Anr., 1987 4 JT 291, observed:

(3.) So far as these petitions are concerned, there is an inordinate unexplained delay of 1314 days in filing the petition against the order dated 16.9.2008 and of 851 days against the order dated 17.12.2009. Cause shown for not approaching this Court within limitation is stated that petitioner was not physically fit and for some days remained in hospital. The cause shown is not sufficient as it was not necessary for the petitioner to come here personally.