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Abhishek   28 May 2024

Who should be the opposite parties in petition under article 227

I filed a compliant before District Consumer Commission (DCC) against party A, DCC passed an illegitimate order (which was an administrative order and had to do nothing with consumer dispute, as an example think of illegitimate DCC order as an order to file compliant on A4 size paper else the compliant would not be accepted and adjudicated) this was challenged before State Consumer Commission in revision which in turn dismissed it at admission. I am now filling a petition under article 227 before HC saying that State Consumer Commission acted in excess of its jurisdiction in dismissing my revision petition but who should be the opp. party in that 227 petition, party A or State Commission or District Commission or all, please explain. Since no notices were issued to party A during revision before State Commission in revision petition and the only relief that I am asking in 227 petition is to quash the State Consumer Commission's illegitimate order  and allow my compliant to be filed on A4 size paper before DCC.  Should I name party A as opposite party at all?


 5 Replies

Dr. J C Vashista (Advocate )     28 May 2024

Order passed by State Consumer Disputes Redressal Commission can be assailed before National Consumer Disputes Redressal Commission, whereas petition under Art 227 (before High Court) is not maintainable since High Court do not have jurisdiction to entertain such order.

Any order (not only in your case) shall not be termed as "illelitimate" as stated by you even if you are aggrieved by it. The order may be perverse or against the matrix of facts and law  but cannot be illeligitimate.

How an administrative order, which has  "nothing" to do with consumer dispute as stated by you, can be entyertained, adjudicated and assailed before Consumer Commission ?????

What do you mean to say with A4 size paper in a consumer dispute ??????????

Party(ies) cannot be changed in appeal / revision before higher forum (National Consumer Disputes Redressal Commission in instant case). Whatsoever, State or District Consumer Disputes Redressal Commission cannot be impleaded as a party.

Abhishek   28 May 2024

Thank you Vashistaji for writing back, to my best undersatnding under CP Act 2019 a revision/appeal before Nation Comission against a revisional order of State Comission is not possible therfore the help of constitutunal provision(227) is required.

Think of this, I bring a consumer case against party A before DCC, while the case is ongoing and I want to file written satetment in several pages which I got typed on A4 size paper. The DCC passes an order that you should bring your written statement typed only on legal size paper else it will not be accepted (now there is no such rule or provision to present a written statement on legal size paper). I challenge this illegitimate order of DCC in State Comission in revision but State Comission dismisses it on admission and thus I am forced to file a petition under 227. The problem is who should be the opposite parties in this 227 petition because the issue is related to administative order arising in a consumer case should I implead the District Comission or Sate Comission or party A or all . DCC and State Comission have both acted in acess of their jurisdiction (having no power to pass such illegitimate order or to dismiss the revision petion without proper resoning )


T. Kalaiselvan, Advocate (Advocate)     28 May 2024

The elaborate details and excellent opinion rendered by expert advocate Dr Vashistha Sir is more than sufficient which addresses the querist 's subsequent post too.

It appears that the he is under misconception of underlying law hence he is insisting on filing writ petition which is nothing but misinterpretation of law.

I concur with the views and opinions rendered by Dr. Vashistha Sir while I find nothing more to add to his views and opinions.

If at all the querist is aggrieved by the decision of state commission then he can approach national commission only.

Besides, if the rules insist on submitting the statement in legal size paper alone then why does he insist on his own understanding of the practical rules.

By this he has got deviated from the main issue and the main complaint is hanging without any progress indefinitely.

Dr. J C Vashista (Advocate )     29 May 2024

Thank you very much Kalaiselvan ji for agreeing with me.

Of course the queriest has misconception which can be redressed by a local prudent lawyer for professional advise.

vasantharao venkatarao (Independent professional )     05 June 2024

While agreeing with the views expressed above, if the administrative requirement of not adhering to  the A4 size requirement may not meet with sucesss as in the first place it is not a judicial order. This has got established with the dismissal of the revision application. Hence in order to get the required focus on the case, it may be prudent to comply with the requirement and move forward in the matter

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