LAWS(APH)-2010-8-39

NARNE CONSTRUCTIONS P LTD Vs. UNION OF INDIA

Decided On August 13, 2010
NAME CONSTRUCTIONS (P) LTD. Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In this batch of cases, the Petitioner-company seeks a ruling on the threshold jurisdiction of the consumer fora in entertaining consumer disputes as presented by the Respondents (complainants) in each of their consumer cases.

(2.) This batch of 19 cases falls in two categories - W.P. Nos. 28246 of 2009, 302 of 2010, 3947 of 2010, 5091 of 2010, 26520 of 2009, 360 of 2010, 364 of 2010, 405 of 2010, 429 of 2010, 304 of 2010, 305 of 2010, 339 of 2010, 356 of 2010 and 357 of 2010 have been filed at pre-decisional stage seeking writ of prohibition; W.P. Nos. 5003 of 2010, 5088 of 2010, 5121 of 2010, 5131 of 2010 and 5903 of 2010 are post-decisional cases seeking writ of Certiorari. The facts of each writ petition would be referred to later at the relevant stage.

(3.) In all the writ petitions, the Petitioner raised common questions of law on the maintainability of the consumer cases instituted by the Respondents (complainants) as falling beyond the jurisdiction of the consumer fora established under the Consumer Protection Act, 1986 (for brevity 'the Act'). The writ petitions, therefore, are clubbed and disposed of together by this common order.