High Courts vis-a-vis Consumer Cases under Consumer Protection Law-Jurisdiction reg.
Hi Sir, Do High Courts have any jurisdiction over the Consumer Cases initiated under any section(s) of the Consumer Protection Act -1986(As Amended upto date)? If so, pl. define the prescribed procedural details, and if not why Hon'ble Delhi High Court is exceeding its jurisdiction in the Consumer Matters and the Consumer cases against M/s. Triveni Infrastructure Development Co. Ltd., New Delhi while their jurisdiction (both original and and appellate) exclusively and entirely vests in the Consumer courts (Distt., Forum, State commission and National Commission and finally with the Hon'ble Supreme court. What is the remedy for the hundreds of aggrieved Consumers of the services of the defaulting company who are coerced to take their cases to a Committee Court created by the Hon'ble Delhi High Court, even when they have already been decided by the proper and appropriate Consumer Fora. One such case is Execution case No.504 of 2010 u/s27 of CPA -1986 Sandeep Maheshwari Vs. the Developers still pending before the Hon'ble Distt. Forum No. X, Qutub Institutional Area, New Delhi-110 016 since more than a year?. there could be several such cases as the notorious company has gravely and severely defaulted in providing the necessary services for which they have collected huge sums for their various projects from the hundreds of Consumers. Even vested with the powers of !st Class Magistrate, the Consumer courts for reasons better known to them are shying away from awarding the defaulting company the deterrent punishment and prison term as provided under the Consumer Protection Law
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ANNA PHENOMENON
The well-intentioned provisions of our Constitution that make it a
sacred-cow are observed only in their breach by the Executive which is
just not more than a handmaid of the Legislature; the Legislature that
comprises of those tainted politicians, most of whom have gate-crashed
into the exalted institutions of democracy- the Parliament and the State
Legislative Assemblies- by polling even less than 20% of the votes and
that too not always by fair means- and now wield absolute power
absolutely without any accountability. That underlines the dire need
of an Anna- phenomenon in our country that could usher in the big change
in the system of our governance through series of reforms after
bringing about an adequately empowered and sufficiently strong
institution of JAN LOKPAL and electoral reforms- the two issues presently
on Anna’s agenda. Others such as, completely deglamorising the
institution of the President, formation of pan-India constituency and
electorate for the purpose of electing the Prime-minister and so forth
will follow. Naturally, it would be a long-drawn out war after the
series of battles are won. So Anna has miles to go.
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