interfering in the proceedings of consumer court

mahendrakumar (Querist) 28 February 2010 This query is : Resolved
can any court including the supreme court interfere in the proceedings of a consumer case at a consumer court before the final verdict by the concerned court?

If so on what situation?

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Parveen Kr. Aggarwal (Expert) 28 February 2010
No court can interfere in the proceedings of the other court except the court higher in hierarchy in that court and that too upon an application to such higher court showing reasonable cause for such interference to avoid miscarriage of justice.

mahendrakumar (Querist) 01 March 2010
dear parveen,

do you mean to say that court higher in hierarchy like state forum can interfere for district forum and national forum for state forum in the case of consumer courts?

my query was whether a civil courts like high courts or supreme court can interfere in the proceedings of a consumer court?

to be more specific,can someone file a writ at high courts/supreme courts for the same before the final verdict of the case at the respective consumer court?

Parveen Kr. Aggarwal (Expert) 01 March 2010
Civil courts have no jurisdiction to interfere in the functioning of the Consumer Fora.

State Commission and National Commission being superior Fora can pass necessary directions in case of necessity. Under the Consumer Protection Act, High Courts have not been conferred any jurisdiction. However, Supreme Court is the final court even in case of Consumer Disputes. High Courts and Supreme Court can pass orders exercising their extraordinary powers under the Constitution of India provided it is in the interests of justice to pass such orders/directions.

Kiran Kumar (Expert) 01 March 2010
i agree with Parveen, SC is competent enough to interfere.

Guest (Expert) 01 March 2010
i do agree with parveen

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