The Delhi High Court in a recent Petition filed before it under Article 227 of the Constitution of India, has observed that the Final Order passed by the National Consumer Disputes Redressal Commission (hereinafter referred to as "NCDRC") in a First Appeal or Revision Petition against the Final Order of the Lower Commissions i.e., State Consumer Disputes Redressal Commission (hereinafter referred to as "SCDRC") or District Consumer Disputes Redressal Commission (hereinafter referred to as "DCDRC") other than the one which is situated within the jurisdiction of New Delhi, cannot be challenged before it as it lacks jurisdiction.

While passing such Order, the Hon'ble High Court of Delhi also observed that the correct jurisdiction to file the Petition under Article 227 to challenge the Final Order passed by Ld. NCDRC  passed in a First Appeal or Revision Petition lies with the Jurisdictional High Court.

Now the question arises as to how to decide the jurisdiction or the correct High Court to file the Petition under Article 227 or the correct High Court to challenge the Final Order passed by the Ld. NCDRC in First Appeal or Revision Petition.

Answering to this, the Hon'ble High Court of New Delhi, relying upon the judgment of a Division Bench of the Hon'ble Supreme Court of India in Siddhartha S Mookerjee v. Madhab Chand Mitter (Civil Appeal Nos. 3915-16/2024) stated that the jurisdictional High Court or the correct High Court would be the one, where the Cause of Action has arisen i.e., the place, where the Consumer Complaint has been filed.

Illustration: -

If a Consumer Complaint is filed in the Ld. SCDRC or Ld. DCDRC of the state of Tamil Nadu, and the parties reaches the Ld. NCDRC either by way of First Appeal or Revision Petition, then the correct or the Jurisdictional High Court to challenge the Final Order passed by Ld. NCDRC in this situation would be the High Court of Judicature at Tamil Nadu.

To Read full Judgement, Click Here


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