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Is order of national forum a binding on state forum?

This is regarding a state cunsumer forum CC, where in the application was revoked with an order of national commission on admitted FA/IA, but pending for re-admission in the state forum, waiting for the vakalatnama of the council of the respondent, who had replied the humdust summon sent by the state forum, for more than one year comprising of 4 adjournments. Is this not a contempt of court proceedings and state commission may obliged to give relief to the petition? Please react.



 3 Replies

R.K Nanda (Advocate)     07 July 2025

Yes, order of NC is binding on SC and it should give relief to petitioner .

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     07 July 2025

The State Forum is bound by the orders of the National Commission, and any deviation could potentially lead to further legal complications.

Contempt of Court Proceedings Contempt proceedings can be initiated when there's a willful disobedience of a court's order or judgment.

 In this case, if the respondent's actions (or lack thereof) are causing undue delay or obstructing the legal process, the State Commission might consider contempt proceedings.

 However, given the respondent has replied to the summons and is awaiting the filing of vakalatnama, it might not be straightforward to establish contempt without further evidence of deliberate obstruction.

Potential Relief Given the delays and the current status of the case, the petitioner may seek relief from the State Commission. Possible actions include: -

 *Requesting the State Commission to expedite the proceedings*: Given the prolonged delay, the petitioner can request the Commission to take up the matter urgently and direct the respondent to file the vakalatnama without further delay. -

 *Seeking directions for compliance*: The petitioner can ask the Commission to direct the respondent to comply with the procedural requirements, ensuring the case moves forward without additional delays. Supreme Court's Stance on Consumer Disputes The Supreme Court has emphasized the need for a permanent and efficient consumer dispute resolution mechanism.

 This could potentially impact how consumer forums handle cases, including those with procedural delays.

² In conclusion, while contempt proceedings might be a possibility if there's evidence of deliberate obstruction, the primary focus should be on resolving the procedural delays and ensuring the case is heard in a timely manner.

The petitioner should request the State Commission to expedite the proceedings and consider directing the respondent to comply with the necessary procedural steps.

T. Kalaiselvan, Advocate (Advocate)     08 July 2025

The State Consumer Disputes Redressal Commissions are bound by the orders passed by the National Consumer Disputes Redressal Commission (NCDRC). The NCDRC has appellate and revisional jurisdiction over the State Commissions, meaning it can review and overturn decisions made by them. 

While the NCDRC's decisions are not strictly binding on other judicial bodies in the same way as Supreme Court judgments, they carry significant weight and are generally followed by State Commissions. 


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