THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.NO. 3736 of 2010 18-03-2010 BETWEEN; P.N.Jagan Mohan Rao and another ...Petitioners vs. Kolli Hanumayamma and others ...Respondents THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.NO.3736 of 2010 ORAL ORDER: (Per GR,J) The petitioners who are parties-in-person and respondents i Consumer Dispute No.120 of 2003 on the file of the Consumer Dispute Redressal Forum, Nellore (for short “Forum”) seek Certiorari against th order of the A.P. State Consumer Disputes Redressal Commission Hyderabad dated 21-02-2007 in F.A.No.1408 of 2004, which is th judgment in an appeal directed against the order of the Forum dated 05 10-2004 in C.D.No.120 of 2003. Initially, the petitioners filed a revisio being CRP No.3993 of 2007 but later converted the same as a writ petitio and that is how this writ petition has fallen for our consideration. Section 21 of the Consumer Protection Act, 1986 (for short “ th Act”) deals with the jurisdiction of the National Commission, which i defined in Section 2(k) of the Act to mean a National Consumer Dispute Redressal Commission established under Clause (c) of Section.9 of th Act. Section 21 spells out the jurisdiction of the National Commission subject to other provisions of the Act. Sub-section (b) of Section 21 of th Act reads as under:- “to call for the records and pass appropriate orders in any consume dispute which is pending before or has been decided by any Stat Commission where it appears to the National Commission that such Stat Commission has exercised a jurisdiction not vested in it by law, or has faile to exercise a jurisdiction so vested, or has acted in the exercise of it jurisdiction illegally or with material irregularity.” Section 19 of the Act provides for an appeal to the Nationa Commission, by any person aggrieved by an order made by the Stat Commission in exercise of its powers conferred by Section 17(a) (i) of th Act. Section 17 of the Act, which sets out the jurisdiction of the Stat Commission, enacts that subject to the other provisions of the Act, th State Commission shall have jurisdiction…… (a) (i) to entertain complaint where the value of the goods or services and compensation, if any claimed exceeds rupees twenty Lakhs but does not exceed rupees on Crore. Clause (ii) of Section 17 (a) enacts an appellate jurisdiction to th State Commission against the orders of the District Forum within the State On an interactive analysis of the provisions of Sections 17 and 19 o the Act, it is clear that no appellate jurisdiction is vouchsafed to th National Commission against the exercise of appellate jurisdiction by th State Commission. However, Section 21(b) provides a revisiona jurisdiction to the National Commission in respect of any consume dispute, including one that has been decided by any State Commission (i exercise of the appellate jurisdiction of the State Commission) if it appear to the National Commission that such State Commission had exercised jurisdiction not vested in it by law, had failed to exercise a jurisdiction s vested, or had acted in the exercise of its jurisdiction illegally or wit material irregularity; conceptually a revisional jurisdiction. As the petitioners have thus a revisional remedy before the Nationa Commission against the order of the State Commission impugned in thi writ petition and before a specialist Tribunal, this Court is not inclined t exercise Certiorari jurisdiction and would relegate the petitioners to th National Commission. The writ petition is accordingly dismissed at the stage of admissio with liberty to the petitioners to approach the National Commission unde Section 21(b) of the Act or any other appropriate remedy, as advised. N order as to costs. ______________ GODA RAGHURAM,J ______________ NOUSHAD ALI,J 18TH MARCH 2010. Note: Issue CC in Two(2) days. (B/O) TSNR