Can NCDRC’s appellate order be challenged before the High Court?

Briefly stated, yes, the orders passed by NCDRC in appeals can be challenged before the concerned High Court having jurisdiction under Article 227 of the Constitution. [Held by the Supreme Court in Ibrat Faizan vs. Omaxe Buildhome Private Limited, 2022 LiveLaw (SC) 481]

The Law

Section 58 of the Consumer Protection Act, 2019 (”CP Act”) provides that NCDRC can entertain appeals against the orders of any State Commission. However, under Section 67 of the CP Act, appeal against the original complaint orders of NCDRC lies before the Supreme Court.

The CP Act does not provide for appeal against the orders passed by NCDRC while deciding appeals from the orders of State Commissions.

Rationale/Reasoning

The Supreme Court relied on Associated Cement Companies Limited vs. P.N. Sharma, AIR 1965 SC 1595 to observe that NCDRC is a tribunal within the meaning of Article 227 of the Constitution.

The Supreme also relied on the Constitution Bench judgement in L. Chandra Kumar vs. Union of India, (1997) 3 SCC 261 to observe that

• High Courts’ jurisdiction over the Tribunals cannot be excluded in view of their power of judicial review.
• The remedy by way of an appeal by special leave under Article 136 of Constitution is too expensive and inaccessible.
• Therefore, the aggrieved party can approach the concerned High Court under Article 227 of Constitution against the order passed by the Tribunals.

Limited jurisdiction of High Courts under Article 227

It is important to understand that the supervisory jurisdiction of the High Courts under Article 227 of Constitution is confined only to see whether an inferior court or tribunal has proceeded within its parameters. The High Court cannot review or reweigh the evidence upon which the inferior court or tribunal purports to have passed the order or to correct errors of law in the decision as the High Courts does not act as an appellate court or a tribunal under Article 227.

Which High Court to approach?

Article 227 provides every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction. Since NCDRC is situated in within the territory of Delhi, the appellate order of NCDRC can be challenged under Article 227 before the Delhi High Court only on limited grounds (as well-settled by various judicial precedents).