S. 21
CPA,86
Consumer Protection Act, 1986, Section 19, 21 and 21(a)(ii) – Section 21(a) (ii) read with Section 19 of the Act makes it clear that the National Commission has jurisdiction to entertain appeals against the orders passed by the State Commission - Section 21(a)(ii) does not state that appeals cannot be entertained against orders that have been passed ex parte - The plain and simple meaning of the said provision is that appeals will be entertained by the National Commission against any order passed by the State Commission - The word "orders" as used in Section 21(a)(ii) means and includes "any orders" - Thus, an order of the State Commission placing a particular party ex parte can also be questioned before the National Commission.
Constitution of India, Article 226 - Writ - alternative and efficacious remedy – Presence of an alternative and efficacious remedy is not an absolute bar on the jurisdiction of the High Court under Article 226 of the Constitution, and is a rule of discretion and self-imposed limitation rather than that of law - However, entertaining a writ petition in such a case may be proper in certain circumstances, for instance when an order has been passed in total violation of the principles of natural justice, or has been passed invoking repealed provisions - In the instant case, no such circumstance has been invoked. Thus, propriety required the respondent-Bank to have approached the National Consumer Disputes Redressal Commission under Section 21 of the Consumer Protection Act, 1986, in view of the availability of an alternative remedy under a specific legislation - Consumer Protection Act, 1986, Section 21. CIT v. Chhabil Dass Aggarwal, (2014) 1 SCC 603, referred