M/S Nav Bharat Rice Industries ... vs State Consumer Disputes ...
2022 Latest Caselaw 11174 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 
Case :- MATTERS UNDER ARTICLE 227 No. - 29720 of 2021
 
Petitioner :- M/S Nav Bharat Rice Industries Thru. Prop. Nazmul Islam
 
Respondent :- State Consumer Disputes Redressal Commission U.P. And Ors.
 
Counsel for Petitioner :- Jai Prakash,Vivek Madhok
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Lavania,J.

Heard.

The present petition filed under Article 227 of Constitution of India, for the following main relief:-

"(a) to direct the Opposite Party No. 1 to decide the Appeal, bearing no. A-1076/2013 titled M/s Jakson Ltd. & others versus M/s Nav Bharat Rice Mill Industries, pending in Court No. 2, State Consumer Disputes Redressal Commission, U.P. at Lucknow fixed for 18.04.2022 expeditiously."

While pressing the reliefs quoted above, learned Counsel for the petitioner stated that appeal is pending before State Consumer Disputes Redressal Commission, U.P. at Lucknow, since 2013 and both the parties have exchanged the pleadings as also the written arguments.

Clarifying the same, learned Counsel for the petitioner has submitted the written arguments filed on 30.03.2015 and the opposite party nos. 2 to 4 have filed their written argument on 25.04.2017, but the appeal till date has not been disposed of.

He further stated that Hon'ble Apex Court while dealing with the matter related to National Consumer Dispute Redressal Commission has observed that petition under Article 227 of Constitution of India is maintainable against the order passed by the National Commission. In support of his submission he has placed reliance on the judgment reported in 2022 SCC OnLine SC 620 (Ibrat Faizan Versus Omaxe Buildhome Private Limited). As such the direction may kindly be issued to concern authority to decide the appeal within specific period.

Considering the aforesaid, the present petition is disposed of with direction to the respondent no. 1 i.e. State Consumer Disputes Redressal Commission, U.P. at Lucknow, to consider and decide the pending appeal no. A-1076 of 2013 (M/s Jakson Ltd. and Others Versus M/s Nav Bharat Rice Mill Industries) and pass appropriate order in accordance with law within a period of six months, if there is no other legal impediment, from the date of production of certified copy of this order.

With the aforesaid observations, the petition is disposed of finally.

Order Date :- 24.8.2022

Jyoti/-