In The High Court of Judicature at Bombay Nagpur Bench, Nagpur Public Interest Litigation No. 11 of 2021
In The High Court of Judicature at Bombay Nagpur Bench, Nagpur Public Interest Litigation No. 11 of 2021
In The High Court of Judicature at Bombay Nagpur Bench, Nagpur Public Interest Litigation No. 11 of 2021
odt 1/57
...VERSUS...
1. Union of India,
through Secretary,
Department of Consumer Affairs,
Krishni Bhavan, New Delhi 110 001
2. State of Maharashtra,
Through Secretary,
Consumer Affair Ministry,
Mantralaya, Mumbai
WITH
WRIT PETITION NO. 1096 OF 2021
...VERSUS...
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Shri Uday Warunjikar, Sr.Advocate with Shri S.S.Kate, Advocate for the
petitioner in PIL No. 11 of 2021
Shri T.D.Mandlekar, Advocate with Shri Rohan Malviya, Advocate & Shri
Tajas Fadnavis, Advocate for the Petitioner in W.P.No.1096 of 2021.
Shri Ulhas Aurangabad, ASGI for the respondent-Union of India in PIL
No.11 of 2021 and WP No. 1096 of 2021
Shri Amit Madiwale, AGP for the respondent-State of Maharashtra in PIL
No.11 of 2021 and WP No.1096 of 2021.
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CORAM : SUNIL B. SHUKRE AND
ANIL S.KILOR, JJ.
follows :
respective parties.
that under the Rules of 2020, the power conferred upon the
justice.
judgments.
reply filed by the State, dated 29th July, 2021, inter alia stating
the decision dated 9th July, 2021. By arguing so, he prays for
dismissal of petition.
relevant judgments.
administration of justice.
India may seek opinion. It can issue prerogative writs and has
to justice.
of justice.
Republic’.
law. In our present judicial set up, disputes often take many
surfaced.
disputes etc.
issues:-
of India.
the Act of 1986 was repealed and re-enacted vide Act of 2019.
and UPCPBA and arbitrary and hence, the same is ultra vires, it
in the case in hand, the said procedure has not been followed
prescribed.
thus :
under the Act of 1986 and the Act of 2019, respectively. The
Provided further that the District Provided further that the District
Forum shall make such orders as Commission shall make such or-
to the costs occasioned by the ders as to the costs occasioned
adjournment as may be pro- by the adjournment as may be
vided in the regulations made specified by regulations:
under this Act.
Provided also that in the event
Provided also that in the event of a complaint being disposed of
of a complaint being disposed of after the period so specified, the
(4) For the purposes of this sec- For the purposes of this section,
tion, the District Forum shall the District Commission shall
have the same powers as are have the same powers as are
vested in a civil court under vested in a civil court under the
Code of Civil Procedure, 1908 Code of Civil Procedure, 1908
(5 of 1908) while trying a suit in while trying a suit in respect of
respect of the following matters, the following matters, namely:
namely:- —
(i) the summoning and enforc- (a) the summoning and enforc-
ing the attendance of any defen- ing the attendance of any defen-
dant or witness and examining dant or witness and examining
the witness on oath, the witness on oath;
(ii) the discovery and produc- (b) requiring the discovery and
tion of any document or other production of any document or
material object producible as ev- other material object as evi-
idence, dence;
(iv) the requisitioning of the re- (d) the requisitioning of the re-
port of the concerned analysis or port of the concerned analysis or
test from the appropriate labora- test from the appropriate labora-
tory or from any other relevant tory or from any other relevant
source. source;
(vi) any other matter which may (f) any other matter which may
be prescribed. be prescribed by the Central
Government.
Section 14 Section 39
clear that under the Act of 2019 the District commission and
vide the Act of 2019, the word “Consumer” has been re-
Commission.
have come up with a case or have pointed out that, after the
MBA-2021.
reputation.
value; that people who had long been exploited in the small
streets.
under:
week.
presiding officer.
under.
broad general categories. The Apex Court has thus, found the
persons, justifiable.
Apex Court in the said case further referred to the case of S.P.
mainstream judiciary.
thus:
cannot be changed.
the validity of Rules 3 and 4 of the Rules 2020. For the sake
hold that the Rules 3(2)(b) and 4(2)(c) of the Rules of 2020
ORDER
this Court has declared Rule 3(2)(b) and Rule 4(2)(c) and
strongly opposes the said request and states that if the effect
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