Consumer Commission Has No Jurisdiction To Entertain Matters Coming Under Purview Of SARFAESI Act: Orissa High Court
5 months, 3 weeks ago

Consumer Commission Has No Jurisdiction To Entertain Matters Coming Under Purview Of SARFAESI Act: Orissa High Court

Live Law  

The Orissa High Court has held that the Consumer Commissions do not have jurisdiction to entertain any suit or proceeding which is subject matter of adjudication by Debt Recovery Tribunal or Appellate Tribunal under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Clarifying the jurisdictional issue, the Division Bench of Justice Debabrata Dash and Justice V. Narasingh observed – “…it is evident that Section 34 prescribes the jurisdictional bar for entertaining any suit or proceeding which can be entertained by the Debt Recovery Tribunal or the Appellate Tribunal and specifically it has been mentioned that no injunction shall be granted by any Court or other authority in respect of any action in present day or in future to be taken under the SARFAESI Act.” Factual Background The first opposite party was one of the mortgagors and guarantors for the credit facilities availed by one company. Challenging such notice, the first opposite party approached the District Consumer Commission, Jharsuguda under Section 35 of the Consumer Protection Act. There cannot be any iota of doubt that the expression “other authority” will encompass the “Consumer Commissions”.” Further, it held that if Section 35 of SARFAESI Act is read along with Section 37 juxtaposed with Section 100 of the Consumer Protection Act, it is clear that any action that is taken or contemplated under the SARFAESI Act or RDDB Act has to be governed by the SARFAESI Act or RDDB Act alone and all other laws except those mentioned in Section 37 of SARFAESI Act have to yield to the same. “The least that can be expected from the learned President and the Members of the District Commissions that before passing any order relating to any alleged violation vis-à-vis the provisions of any Special Act they will test the propositions claiming the reliefs on the touchstone of law governing the field which would enable them not to embark upon a journey which will lead to avoidable litigation and denude the faith of the common man in the fairness and effectiveness of the redressal mechanism and which will also not render otiose, the intent of the legislature in enacting Special Statutes.” The Court also hoped that the Consumer Commissions will refrain from 'judicial adventurism' while dealing with special legislations.

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History of this topic

SARFAESI Act | As per Unamended S.13(8), Borrower Has Right To Redeem Available Till Sale Certificate Is Registered & Possession Is Handed Over : Supreme Court
1 year, 2 months ago

SARFAESI Act | As per Unamended S.13(8), Borrower Has Right To Redeem Available Till Sale Certificate Is Registered & Possession Is Handed Over : Supreme Court

Live Law  

The Supreme Court, while deciding an appeal, settled the issue of right of redemption of a mortgaged property by a borrower under the unamended Section 13 of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002. The Bench comprising of Justices Vikram Nath and Rajesh Bindal clearly held that as per the unamended Section 13 …

Consumer Commission Can Revive Cases Consigned To Records, Does Not Qualify As Review Or Recall: Jammu & Kashmir High Court
1 year, 2 months ago

Consumer Commission Can Revive Cases Consigned To Records, Does Not Qualify As Review Or Recall: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has clarified that restoring a case consigned to records without an adverse order or a decision on parties' rights does not qualify as a review and hence such a case could be called back by the Consumer Commissions. The Court was hearing an appeal filed under Section 17 of the Jammu and …

Arbitrator Has No Jurisdiction To Set Aside Sale Notice Issued By Secured Creditor Under Section 13(4) Of SARFAESI Act: Delhi High Court
1 year, 10 months ago

Arbitrator Has No Jurisdiction To Set Aside Sale Notice Issued By Secured Creditor Under Section 13(4) Of SARFAESI Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that the Arbitrator has no jurisdiction to set aside the sale notice issued by the secured creditor under Section 13 of the SARFAESI Act, 2002, seeking to enforce its “security interest”. Since a specific right is vested in a “secured creditor” to enforce a “security interest”, by issuance of a sale notice under Section …

State Consumer Commission Not Empowered To Exercise Powers Of Review And Set Aside An Ex-Parte Order: JKL HC Reiterates
2 years ago

State Consumer Commission Not Empowered To Exercise Powers Of Review And Set Aside An Ex-Parte Order: JKL HC Reiterates

Live Law  

The Jammu and Kashmir and Ladakh High Court recently reiterated that State Consumer Commissions and District Consumer Forums are not empowered to exercise powers of review and set aside ex parte orders unless a statute empowers them for the same. The observations came from Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta while hearing a plea in terms of …

Appeal Against NCDRC Order Passed In Execution Proceedings Not Maintainable U/Sec 23 Consumer Protection Act: SC [Read Order]
4 years, 3 months ago

Appeal Against NCDRC Order Passed In Execution Proceedings Not Maintainable U/Sec 23 Consumer Protection Act: SC [Read Order]

Live Law  

The Supreme Court has observed that an appeal before it against an order which has been passed by the National Consumer Disputes Redressal Commission in the course of execution proceedings is not maintainable.M/s Ambience Infrastructure Private Limited was directed by the NCDRC to pay to the complainants 70% of the maintenance charges from November 2002 with interest at 9 % …

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