1. Complaint regarding defective goods where the items were handed over to the dealer and subsequently to the manufacturer. (Para 5 )
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1999 Supreme(SC) 592
1999(5) Supreme 16
Supreme Court of India
(From National Consumers Disputes Redressal Commission, Delhi)
Dr. A.S. Anand, CJI., S.B. Majmudar & M. Jagannadha Rao, JJ.
M.R.F. Ltd. -Appellant
versus
Jagdish Lal & Anr. -Respondents
Civil Appeal No. 2710 of 1999
(Arising out of SLP (C) No. 128 of 1999)
Decided on 5-5-1999
Counsel for the Parties :
For the Appellant : Ashok H. Desai, D.A. Dave, Sr. Advocates, P. Venugopal, P.S. Sudheer, Advocates.
Important Points
Important Point
Where the complainant gave the defective goods to the manufacturer-respondent who had not returned the same to the complainant, in contesting the complaint before consumer court, the respondent cannot make a grievance that the procedure prescribed under Section 13(1)(c) ought to have been followed by Court.
Where the complainant gave the defective goods to the manufacturer-respondent who had not returned the same to the complainant, in contesting the complaint before consumer court, the respondent cannot make a grievance that the procedure prescribed under Section 13(1)(c) ought to have been followed by Court.
Subject
Consumer Law - Consumer Protection Act
Act Referred
Headnote
Consumer Protection Act, 1986 -Section 13(1)(c)-Procedure on receipt of complaint - In case of complaint alleging defect in goods -Analysis or test of goods-Complainant alleging defect gave tyre and tube to dealer-Dealer sent same to appellant, manufacturer-Appellant manufacturer’s plea that consumer court should have followed procedure prescribed in Section 13(1)(c)-Not tenable-Appellant had not returned tyre and tube to complainant-Procedure prescribed in 13(1)(c) not capable of being followed.
Held : A bare reading of clause (c) would show that the District Forum, with a view to get proper analysis or test done, should obtain the sample of goods from the complainant and then follow the procedure prescribed in the said clause. In this case, the material on the record shows that the complaint had given the tyre and the tube which had burst, to the dealer, who in turn had sent it to the appellant. The procedure prescribed under Section 13(1)(c) of the Act, was, therefore, not capable of being followed because the complainant was not in possession of the tyre and the tube. There is no material to show that the appellant had returned the tyre and the tube to the respondent. That being the factual matrix, we do not see how any fault can be found with the District Forum, the State Forum or the National Commission in the matter of not following the procedure under Section 13(1)(c) of the Act. (Para 5)
Legal Category Hierarchy
Table of Contents
2. Whether the consumer court was required to follow the sampling and testing procedure prescribed under Section 13 of the Consumer Protection Act, 1986. (Para 2 )
3. The procedure under Section 13(1)(c) is inapplicable when the complainant is not in possession of the goods to provide a sample for testing. (Para 5 )
4. The sampling procedure under Section 13(1)(c) of the Consumer Protection Act, 1986, cannot be enforced if the complainant does not possess the goods. (Para 5 )
5. Appeal dismissed. (Para 6 )
6. When is the sampling procedure under Section 13(1)(c) of the Consumer Protection Act, 1986, required?
It is required when a complaint alleges a defect in goods that cannot be determined without proper analysis or test of the goods. (Para 4 )
7. Is the sampling procedure under Section 13(1)(c) mandatory if the complainant does not possess the goods?
No, the procedure is not capable of being followed if the complainant is not in possession of the goods, and the consumer court cannot be faulted for not following it. (Para 5 )
Order
Leave granted.
2. The short point on which notice was issued in this case on 22nd January, 1999 was whether the consumer court should have followed the procedure under Section 13 of the Consumer Protection Act, 1986.
3. We have heard Mr. Ashok H. Desai, learned Senior counsel appearing for the appellant. The respondent, though served, is not present.
4. Section 13(1)(c) of the Consumer Protection Act, 1986 provides as under :
"13. Procedure on receipt of complaint.-(1) The District Forum shall, on receipt of a complaint, if it relates to any goods--
(a) (b) ........
(c) where the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, the District Forum shall obtain a sample of goods from the complainant, seal it and authenticate it in the manner prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the District Forum within a period of fifty-five days of the receipt of the reference or within such extended period as may be granted by the District Forum.”
5. A bare reading of clause (c) would show that the District Forum, with a view to get proper analysis or test done, should obtain the sample of goods from the complainant and then follow the procedure prescribed in the said clause. In this case, the material on the record shows that the complainant had given the tyre and the tube which had burst, to the dealer, who in turn had sent it to the appellant. The procedure prescribed under Section 13(1)(c) of the Act, was, therefore, not capable of being followed because the complainant was not in possession of the tyre and the tube. There is no material to show that the appellant had returned the tyre and the tube to the respondent. That being the factual matrix, we do not see how any fault can be found with the District Forum, the State Forum or the National Commission in the matter of not following the procedure under Section 13(1)(c) of the Act.
6. This appeal, therefore, fails and is dismissed. No costs.
(C.R.) Appeal dismissed.
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Parallel Citations of other Journals :
M.R.F. Ltd. v. Jagdish Lal & Anr., 1999(5) Supreme 16 : (1999) 4 SCC 314 : AIR 1999 SCC 2035 : 1999(3) Comp LJ 171 : 1999(2) UJ 937
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