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Bombay High Court

PLATINUM AASHIANA LLPversusVIJAY RAGHUNATH CHALKE AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the Commission must decide its pecuniary jurisdiction at the earliest stage and cannot defer it to the final adjudication, quashing the order that postponed the jurisdictional hearing.

Summary

Platinum Aashiana LLP filed a writ petition challenging an order of the Additional District Consumer Disputes Redressal Commission, Mumbai Suburban, which had deferred hearing and decision on an application questioning the Commission’s pecuniary jurisdiction until the final adjudication of the complaint. The petition argued that such deferment would render the proceedings futile if the Commission later found it lacked jurisdiction. The High Court held that jurisdictional questions must be decided at the earliest stage, not postponed to the final hearing, to avoid unnecessary delay and futility. Accordingly, the Court quashed the order that deferred the jurisdictional decision and directed the Commission to hear and decide the application on pecuniary jurisdiction before proceeding with the complaint. The parties were ordered to appear before the Commission on a specified date, and the Court clarified it had not entered the merits of the underlying dispute.

Issues considered

  • Whether the Additional District Consumer Disputes Redressal Commission can defer determination of its pecuniary jurisdiction to the stage of final adjudication of the complaint.
  • Whether such deferment renders the proceedings futile and unjustifiably delays justice.

Subjects

  • Consumer Protection Act
  • pecuniary jurisdiction
  • District Consumer Redressal Commission
  • writ petition
  • jurisdictional deferment
  • judicial review

Judgment

                                                                        29-WP10690-2026.DOC

                                                                                    Santosh

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION


                                     WRIT PETITION NO. 10690 OF 2026

                      Platinum Aashiana LLP                                   ...Petitioner
                                       Versus
                      Vijay Raghunath Chalke and Ors                      …Respondents

                      Mr. Manish Gala, a/w Alpa Gala, for the Petitioner.
                      Mr. Nilesh Parte, for Respondent No.1.
                      Mr. Arun Panickar, a/w Vinay Nair and Aayush Yadav, for
                            Respondent No.2.
                      Mr. Y. S. Khochare, ‘B’ Panel Counsel, for the Respondent-
SANTOSH
                            State.
SUBHASH
KULKARNI
                                                            CORAM:   N. J. JAMADAR, J.
Digitally signed by
SANTOSH SUBHASH
KULKARNI
                                                            DATED:   31st AUGUST, 2026
Date: 2026.09.02
10:02:30 +0530


                      Oral Order:-

                      1.    Heard the learned Counsel for the parties.


                      2.    The challenge in this petition is to an order dated 7 th

                      August, 2026, whereby the Additional District Consumer

                      Disputes   Redressal    Commission,      Mumbai     Suburban,    has

                      deferred the hearing and decision on an application dated 6 th

                      October, 2025, questioning the pecuniary jurisdiction of the

                      District Commission to entertain, try and decide the complaint

                      to the stage of final adjudication.


                      3.    The issue of jurisdiction could not have been relegated to

                      the stage of final adjudication as in the event the Commission
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                                               29-WP10690-2026.DOC

ultimately finds that it has no pecuniary jurisdiction, the entire

exercise would be rendered futile. It would have been in the

fitness of things for the Commission to decide the issue of

pecuniary jurisdiction in the first instance and then depending

on the outcome of the said decision, proceed with the

complaint.


4.     A grievance was made on behalf of the respondents that,

the hearing of the complaint would be unjustifiably delayed if

the Commission were to decide the issue of its jurisdiction.


5.     The grievance of the respondent can be addressed by

directing the Commission to take up the application dated 6 th

October, 2025 for hearing and final disposal on 7 th September,

2026 and decide the same within a time frame.


6.     Hence, the following order:


                           :ORDER:


(i)    The petition stands allowed.


(ii)   The impugned order to the extent the Commission has

       deferred the decision on its pecuniary jurisdiction to

       entertain the complaint to the final adjudication of the

       complaint stands quashed and set aside.



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                                                     29-WP10690-2026.DOC

(iii)   The Additional District Consumer Redressal Commission,

        Mumbai Suburban, is requested to hear and decide the

        application dated 6th October, 2025 before finally deciding

        the complaint.


(iv)    The parties shall appear before the Commission on 7 th

        September, 2026.


(v)     The Additional District Consumer Redressal Commission,

        Mumbai Suburban, is requested to pass an order in

        accordance with the law on the aspect of pecuniary

        jurisdiction as expeditiously as possible and, preferably,

        within a period of four weeks thereafter.


(vi)    No separate notice need be issued to any party nor any

        party shall seek an adjournment before the District

        Commission for the purpose of hearing of the application

        dated 6th October, 2026.


(vii)   It is clarified that this Court has not entered into the

        merits of the matter, including the challenge to the

        pecuniary jurisdiction of the District Commission, and all

        contentions   of   all   the   parties    are   kept   open    for

        consideration of the District Commission.


                                                 [N. J. JAMADAR, J.]

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