Siddhartha S Mookerjee vs. Madhab Chand Mitter (Civil Appeal Nos. 3915-16/2024), is the case, which deals with the issue of cause of action in the matter where the Final Order passed by the Ld. National Consumer Disputes Redressal Commission is challenged before the Hon'ble High Court by way of Petition under Article 227 of the Constitution of India.

In the present case, the Cause of Action arose in Kolkata. Furthermore, in the present Case, the Complainant has filed the Consumer Complaint before the Ld. District Consumer Disputes Redressal Commission, Kolkata (hereinafter referred to as "DCDRC") and the same, after the completion of due process, was rejected. 

Being aggrieved by the same, the Complainant by way of First Appeal approached the Ld. State Consumer Disputes Redressal Commission, Kolkata (hereinafter referred to as "SCDRC"), wherein the Appeal of the Complainant/ Appellant was allowed.

Challenging the same, the Respondent by way of Revision Petition approached the Ld. National Consumer Disputes Redressal Commission (hereinafter referred to as "NCDRC"), whereby the Revision Petition was allowed and the Final Order passed by the Ld. SCDRC was set aside.

Being aggrieved by the said Order, the Complainant/ Appellant approached the Hon'ble High Court of Delhi by way of Petition under Article 227 of the Constitution of India. It is pertinent to mention here that as per the wordings of the Article 227 of the Constitution of India, which states that, "Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction" and the Ld. NCDRC being situated in New Delhi, the Petitioner approached the Hon'ble High Court of Delhi and treated it as the jurisdictional High Court.

In the said Petition, the Hon'ble High Court was pleased to issue Notice to the Respondents and as a result of which, the Respondents before the Hon'ble High Court, challenging the issue of Jurisdiction of the Hon'ble High Court of Delhi approached the Hon'ble Supreme Court of India, by way of the Civil Appeal being Civil Appeal bearing No. 3915- 16 of 2024 approached the Hon'ble Supreme Court of India.

In the said Civil Appeal, the Division Bench of the Hon'ble Supreme Court of India, ruled that Hon'ble High Court of Delhi, lacks the jurisdiction over the case as the entire cause of action arose in Kolkata and further disposed off the case with the liberty to approach the jurisdictional High Court.

After passing of this judgement, now the term Jurisdictional High Court for the purpose of filing of Petition under Article 227 and for challenging the Final Order passed by NCDRC is the Hon'ble High Court of the very State, where the Cause of Action has arisen i.e., the place or the Consumer Forum before which the Consumer Complaint is filed and entertained.

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 the Judgement, Click Here


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