Remedy against appellate order of National Consumer Commission

Judgment dated 26.7.2023 of the Supreme Court

Remedy against the appellate Order of National Consumer Commission

The respondent no.1 insured filed the complaint in the State Consumer Commission for Rs.49 lakhs for theft and theft loss with compensation of Rs.20 lakhs and interest.

By the judgment dated 18.3.2016, the State Commission partly allowed the complaint, the insured is entitled to theft loss and holding that the Bank and the Insurer are jointly liable for the same.

On 16.1.2023, the appeal of the Insurer was dismissed by the National Consumer Commission.

The Insurer filed Special Leave Petition under Article 136 of the Constitution of India in the Supreme Court.

One of the important question / contentions raised, considered and decided by the Supreme Court was whether the Special Leave Petition of the Petitioner – Insurance Company against the appellate Order of National Consumer Disputes Redressal Commission should be entertained or to relegate the petitioner to avail remedy of writ petition under Article 226 or Article 227 of the Constitution before the High Court.

HELD that the petitioner should invoke the jurisdiction of the High Court against the appellate order of the National Commission.

M/s. Universal Sompo General Insurance Co. Ltd Vs.  Suresh Chand Jain and another (SLP (Civil) No.5263 of 2023)