AIR 2019 (NOC) 693 (BOM.) (NAGPUR BENCH) ::2019 (3) ABR 138 ::AIROnline 2019 BOM 789 ::(2019) 4 Mah LJ 776

Bombay High Court

Hon'ble Judge(s): Manish Pitale , J

(A) Consumer Protection Act (68 of 1986) , S.16— State Commission - Constitution of Bench - President of State Commission can constitute a Bench consisting of Single Member of State Commission. (Para 10) (B) Consumer Protection Act (68 of 1986) , S.15, S.21— Dismissal of appeal by State Commission in default - Can be challenged by filing revision before National Commission. (Para 12) (C) Constitution of India , Art.226— Alternate remedy - High Court not entertaining writ petition when alternate remedy is available is self imposed limitation - High Court has discretion to exercise writ jurisdiction even when alternate remedy is available - However, such discretion is to be exercised in favour of petitioners if they are able to make out exceptional case showing existance of special facts and circumstances for exercise of such jurisdiction. (Para 16) (D) Consumer Protection Act (68 of 1986) , S.15— Appeal - Dismissal in default by State Commission - Only on ground that written notes of arguments not filed on behalf of petitioners despite several adjournments - Appellant deal....