Excelsior Correspondent
JAMMU, Dec 16: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Tashi Rabstan today said that State Consumer Disputes Redressal Commission cannot seek reference to the High Court.
This was held by the DB in a bunch of references made by the State Consumer Disputes Redressal Commission seeking answer as to whether the Commission after dismissing the petition in default has the power to restore the petition on filing of an application.
After hearing both the sides, DB observed, “Commission cannot seek reference as this court can only entertain the appeals and not a reference”, adding “it is for the Commission to consider the application(s) and decide the same in accordance with law”.
“It is an admitted fact that the order of the Commission can be challenged before the Division Bench in terms of Section 17 of the J&K Consumer Protection Act by filing an appeal. Further Rule 10(vi) of the Consumer Protection Rules, 1987 prescribes the manner in which the complaints are to be disposed of”, the DB said.
With these observations, Division Bench returned the references to the Commission.
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