VidhiSangh

Supreme Court of India · 13/05/2022

IBRAT FAIZAN versus OMAXE BUILDHOME PRIVATE LIMITED

[2022] 4 S.C.R. 632 · 2022 INSC 573

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Summary

A flat purchaser's complaint against a builder was allowed by the Delhi State Commission in 2020 and affirmed by the National Commission on 09.12.2021 in an appeal under Section 58(1)(a)(iii) of the Consumer Protection Act, 2019. The builder challenged that order before the Delhi High Court under Article 227, which stayed it and, at this Court's request, held the writ petition maintainable. The Supreme Court dismissed the purchaser's appeal: Section 67 of the 2019 Act provides an appeal to the Supreme Court only against National Commission orders under Section 58(1)(a)(i) or (ii), not against its appellate orders under Section 58(1)(a)(iii) or (iv); the National Commission is a 'tribunal' and a writ under Article 227, cheaper and more accessible than Article 136, is maintainable, though the High Court, including when granting interim stay, must act within the limits of Article 227.

Issues

  1. Whether a writ petition under Article 227 of the Constitution lies to the High Court against an order of the National Consumer Disputes Redressal Commission passed in an appeal from a State Commission under Section 58(1)(a)(iii) of the Consumer Protection Act, 2019.
  2. Whether the National Commission is a 'tribunal' amenable to the superintendence of the High Court under Article 227.
  3. Within what limits the High Court may grant interim stay of a National Commission order in such a petition.

Provisions considered

Held

Result

Appeal dismissed; the Delhi High Court's orders of 22.12.2021 and 31.03.2022 in CM(M) No. 1196 of 2021, holding a writ petition under Article 227 maintainable against the National Commission's order of 09.12.2021 in First Appeal No. 250 of 2021 under Section 58(1)(a)(iii) of the Consumer Protection Act, 2019, upheld; the High Court to decide the merits and any interim relief bearing in mind the limits of Article 227. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 4 S.C.R. 632.