Allahabad High Court
ANUJ KUMARversusDR. AJAY SRIVASTAVA @ DEEPU AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
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
- Constitution of India — s. Article 227
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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