High CourtsDivision Bench(1994) 07 MAD CK 0010

Mis. Vimal Construction Pvt., Ltd., 9, South Boag Road, T. Nagar, Madras-17 vs Vimal Flat Owners Welfare Association and State Consumer Disputes, Redressal Forum

Madras High Court · Decided on 29 July 1994

HON’BLE JUDGES
K.A. Swami, C.J · Somasundaram, J
CASE NUMBER
Writ Appeal No. 970/94

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Judgment

15 paragraphs · 368 words

K.A. Swami, C.J.—This appeal is preferred against the order dated 20.6.1994 passed by the learned single judge in W.P. 10283/94. In the

writ petition, the petitioner sought for quashing the order dated 26th April, 1994 passed by the State Consumer Disputes Redressal Forum,

Madras, in O.P. 445 of 1993 deciding the preliminary question as to jurisdiction of the State Consumer Dispute Redressal Commission. It has

been held that the State Consumer Disputes Redressal Commission has jurisdiction to decide the dispute raised before it. Learned single judge has

rejected the writ petition on the ground that the order passed by the State Consumer Disputes Redressal Commission is appealable and an appeal

lies to the national forum. We are of the view that it is not necessary to decide the question as to whether an appeal lies or not, as it is for the

national forum to decide Secondly, it is not the stage at which interference is called for. What has been decided by the State Consumer Disputes

Redressal Commission is about its jurisdiction to entertain the dispute. If ultimately, the Commission holds on merits against the petitioner, it would

be open to him to challenge not only the order passed on merits, but also the order dated 26th April, 1994 holding that it has jurisdiction to

entertain the dispute. Any order passed during the pendency of the proceeding connected with the main matter and that too, the order relating to

maintainability, does not become final, merely because it is not challenged before the main case is decided. It becomes part of the final decision and

it would be open to the party who has challenged the jurisdiction of the Commission, to challenge the correctness of that order also in the appeal to

be preferred against the final order. Hence, we are of the view that the contentions raised in the Writ Petition and before us need not be considered

at this stage. Accordingly, the order passed by the learned single Judge holding that the appeal lies, is modified and we dismiss the writ petition for

the reasons stated by us and not on the reasons stated by the learned single Judge. The writ appeal is disposed of accordingly.