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Allahabad High Court

ANUJ KUMARversusDR. AJAY SRIVASTAVA @ DEEPU AND ANOTHER

Decided

Holding

The High Court directed the District Consumer Disputes Redressal Commission to decide the pending consumer complaint preferably within four months, without adjudicating the merits of the case.

Summary

The petitioner, Anuj Kumar, filed a writ petition under Article 227 of the Constitution seeking a direction to the District Consumer Disputes Redressal Commission, Kanpur Nagar, to hear and dispose of Consumer Complaint Case No. 438 of 2019 against Dr. Ajay Srivastava and another within four months. The petition solely requested expeditious disposal of the pending consumer case. The High Court, noting that no substantive hearing was required, disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to the respondents. The Court directed the Consumer Commission to decide the complaint in accordance with law, preferably within the stipulated four‑month period, after hearing all parties. The Court clarified that it did not adjudicate the merits of the consumer dispute.

Issues considered

  • What authority does the High Court have under Article 227 to direct a District Consumer Disputes Redressal Commission to expedite disposal of a pending consumer complaint?

Legislation cited

Subjects

  • Article 227
  • writ petition
  • Consumer Disputes Redressal Commission
  • expeditious disposal
  • High Court jurisdiction
  • admission stage disposal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                  MATTERS UNDER ARTICLE 227 No. - 12676 of 2026

                                    Anuj Kumar
                                                                                                              .....Petitioner(s)
                                                                             Versus
                                    Dr. Ajay Srivastava @ Deepu And Another
                                                                                                           .....Respondent(s)

                                    Counsel for Petitioner(s)                                :    Avneesh Tripathi
                                    Counsel for Respondent(s)                                :

                                    Court No. - 9
                                                        HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. This writ petition has been filed with the following prayer:-

                                          "I. Direct the learned District Consumer Disputes Redressal Commission,
                                          Kanpur Nagar, under Article 227 of the Constitution of India, to hear and
                                          dispose of Complaint Case No. 438 of 2019 (Anuj Kumar Vs. Dr. Ajay
                                          Srivastava and Another) expeditiously and preferably within a fixed
                                          period of four months from today;"

                                    2. It is contended by learned counsel for the petitioner that Complaint Case No. 438 of
                                    2019 has been preferred by petitioner before District Consumer Disputes Redressal
                                    Commission, Kanpur Nagar, which is pending consideration. The sole prayer made in
                                    the writ petition is for expeditious disposal of the same.

                                    3. As no useful purpose would be served in keeping the matter pending, the writ
                                    petition is being disposed of, at the admission stage, without calling for counter
                                    affidavit or issuing notice to private respondents, with a direction upon court
                                    concerned to decide the Complaint Case No. 438 of 2019, in accordance with law,
                                    after hearing all affected parties, preferably within a period of four months from the
                                    date of production of certified copy of this order.

                                    4. With the aforesaid directions, writ petition stands disposed of.

                                    5. It is made clear that this Court has not adjudicated the matter on merits.

                                    September 14, 2026
                                    (V. S. SINGH)
                                                                                                 (Rohit Ranjan Agarwal,J.)




Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad


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