No supervisory jurisdiction over NCDRC: Kerala HC

Last Updated on August 1, 2024 by News Desk

It was held by the Kerala HC that that its supervisory jurisdiction mentioned under article 227 of the Indian constitution, exercisable only over the courts and tribunals that fall within its jurisdiction.

An appeal was filed by the petitioner against the judgment of the Kerala State Consumer Disputes Redressal Commission in New Delhi.

The petitioner was order to provide compensation to the respondent. It was held by the respondent that the NCDRC falls within the jurisdiction of the Delhi HC making the appeal non maintainable.

Since the appeal was dismissed, the petitioner had approached the HC.

The division bench was comprised of Justice A Muhamed Mustaque and Justice S. Manu.

It was observed that the NCDRC is within the territorial ambit of the Delhi HC and the petition does not stand maintainable.

The court said that the jurisdictions under Article 227 are distinct.

It made its observations relying on the decision of Alapan Bandyopadhyay that had referred to the case of L Chandra Kumar where it was held that the powers under the Article can be exercised only within the territorial limits.

The petition was dimissed.

Case Title:-  DR. Valsamma Chacko v Leelamma Joseph

Written By :- Shianjany Pradhan(@SHIANJANYPRADHAN)