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Ibrat Faizan vs. Omaxe Buildhome (P) Ltd. (SC)

46.00 4.60

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Consumer Protection Act, 2019–Sec. 58(1)(a)(iii)–Constitution of India, 1950–Art. 227–Whether the petition under Art. 227 would be maintainable against the order passed by the National Commission u/s. 58(1)(a)(iii) ?–Held, yes–An appeal against the order passed by the National Commission to this Court would be maintainable only in case, the order is passed by the National Commission in the exercise of its powers conferred u/ss. 58(1)(a)(i) or 58(1)(a)(ii)–No further appeal is provided against the order passed by the National Commission in the exercise of its powers conferred u/s. 58(a)(iii) and 58(1)(a)(iv)–Only remedy which may be available to the aggrieved party against the order passed u/ss. 58(a)(iii) or 58(1)(a)(iv) would be to approach the concerned High Court having jurisdiction under Art. 227.