[2025:RJ-JP:40124] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5246/2025 Deepshikha Kala Sansthan, An Organization Registration Rajasthan Society Registration Act Through Convener And Authorized Representative Prem Surana, Add. Deepshikha Kala Sansthan, Varn Path, Mansarovar, Jaipur (Rajasthan) ----Petitioner Versus Fast Engineers, Through Proprietor Devi Shankar Sharma 162-S. B.s. Vihar, Swez Farm, New Sanganer Road, Sodala, Jaipur, Rajasthan Present Address - 28/77, Aravali Marg, Shipra Path, Mansarovar, Jaipur, Rajasthan 302020. ----Respondent For Petitioner(s) : Mr. R. P. Garg For Respondent(s) : HON'BLE MR. JUSTICE SAMEER JAIN Judgment 03/10/2025 Learned counsel for the petitioner has submitted that order dated 21.11.2024, passed by the Presiding member of National Commission at New Delhi, in appeal No. 566/2022 whereby order of State Commission dated 15.06.2022 was set aside, is put to challenge herein. It is further submitted that as per Section 58 of the Consumer Protection Act, 2019 (herein after referred as ‘the Act of 2019’) read with Section 67, no appeal qua the order passed under Section 58 other than the Clause A (I) & (ii) is tenable before the Apex Court, therefore, present writ petition is maintainable. It is next submitted that matter was heard by inadequate forum, i.e. by Presiding member of National [2025:RJ-JP:40124] (2 of 2) [CW-5246/2025] Commission which is contrary to provisions of Section 58(2) of the Act of 2019, which is reproduced as under:- “58 (2) The jurisdiction, powers and authority of the National Commission may be exercised by Benches thereof and a Bench may be constituted by the President with one or more members as he may deem fit: Provided that the senior-most member of the Bench shall preside over the Bench.” While relying upon the same, it is submitted that the President of National Commission is bound duty to adjudicate the matter with one or more additional members and not otherwise. Moreover, if the matter is dealt otherwise the order will have nullity or no effect. Considering the said arguments, this Court deems it appropriate to dispose of the petition with liberty given to the petitioner to approach this Court again, if his remedy still exist by availing recourse to Section 60 of the Act of 2019, which is reproduced as under:- “60. The National Commission shall have the power to review any of the order passed by it if there is an error apparent on the face of the record, either of its own motion or on an application made by any of the parties within thirty days of such order.” National Commission is directed to consider the argued patent error qua the forum formulation and pass appropriate orders, within a period of 30 days from filing of the said application. Accordingly, present petition is disposed of. Pending applications stand disposed of. (SAMEER JAIN),J Pooja /21