Can stay order be tale on consumer court order in high Court

905 votes

This seems to be quiet a common thing we see these days. Now,having that said I would like to have more information on this matter hence would like to hear more on this from youso we can get to some kind of a closure. Hence, please find my email and act accordingly.

Advocate Krishnan Balakrishnan Nair LawRato

838 votes

A high court cannot entertain a writ petition against the orders of the consumer foram, for which the law prescribes a statutory channel of appeal. A proper channel for appeals is prescribed under the Consumer Protection Act. When the legislature provides a statutory mechanism for appeals to a higher court or tribunal, it would not be proper to permit the parties to bypass such statutory remedy provided by law and instead approach the HC in its writ jurisdiction under Article 226 of the Constitution of India.

If you are not satisfied with the order passed by the Consumer Forum, you may appeal against it within one month of the date of the order, with the appellate authority. Section 15 of the Act gives the right to prefer an appeal to the state commission within a period of thirty days from the date of order of the District Forum to any person who has been aggrieved by the order. The time limit may be extended by the state commission on showing sufficient cause.

Advocate Mirza Faizan Assad LawRato

965 votes

Dear client if order is off district Consumer court then u have to appeal in state Consumer forum and not in high court. If order is of state Consumer forum then u have to file appeal in national consumer forum. For any legal help call me

Adv Prasad Patil

Pune

LawRato LawRato