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SUPREME COURT OF INDIA
BEFORE K. RAMASWAMY AND B.L. HANSARIA, JJ.
PROPRIETOR, JABALPUR TRACTORS
Versus
SEDMAL JAINARAIN AND ANOTHER
Advocates appeared
R. Mohan. Senior Advocate (V.G. Pragasam, Advocate, with him) for the Appellant; B.K. Satija and Y.P. Dhingra. Advocates, for Respondent I.
Vishnu Mehra and K.M.K. Nair. Advocates, for Respondent 2.
Consumer Protection Act - Garage Charges - The court held that the Consumer Protection Act is not in derogation of any other law and, therefore, the matter of garage charges pending before the civil court cannot be considered by the National Consumer Disputes Redressal Commission. The court allowed the appeal and set aside the order of the National Forum regarding the garage charges.
Fact of the Case:
The State Consumer Forum noticed that the claim for garage charges was pending before the civil court and concluded that it cannot be considered as the matter is sub judice. The National Consumer Disputes Redressal Commission directed to hand over possession of the car to the respondent, which was challenged in the appeal.
Finding of the Court:
The court found that the Consumer Protection Act is not in derogation of any other law and, therefore, the matter of garage charges pending before the civil court cannot be considered by the National Consumer Disputes Redressal Commission. The appeal was allowed, and the order of the National Forum regarding the garage charges was set aside.
Issues: The main issue was whether the National Consumer Disputes Redressal Commission was justified in directing to hand over possession of the car to the respondent despite the matter of garage charges being pending before the civil court.
Ratio Decidendi: The court's decision was influenced by the interpretation that the Consumer Protection Act does not override other laws, and therefore, the matter pending before the civil court cannot be considered by the National Consumer Disputes Redressal Commission.
Final Decision: The appeal was allowed, and the order of the National Forum insofar as the garage charges are concerned was set aside. No costs were awarded.
Key Legal Principle: The Consumer Protection Act does not derogate from or override other laws, including civil court jurisdiction. Consumer forums lack authority to adjudicate matters sub judice in civil courts. (!) [1000255320001]
Relevant Facts: Garage charges claim (Rs. 18,000) was pending as CS No. 49 B of 1990 before the Third Additional District Judge, Jabalpur. State Forum noted this in para 26 and declined consideration as sub judice. National Commission still directed vehicle possession handover. (!) [1000255320001]
Issue: Whether National Consumer Disputes Redressal Commission could direct vehicle possession despite pending civil suit on garage charges. (!) [1000255320001]
Court's Finding: National Commission lacked jurisdiction; direction for possession unjustified. (!) [1000255320001]
Ratio Decidendi: Consumer fora cannot entertain claims pending before competent civil courts, as the Act supplements but does not supplant civil remedies. (!) [1000255320001]
Final Relief: Appeal allowed; National Commission's order set aside only insofar as garage charges/possession direction. No costs. (!) [1000255320002]
ORDER
1. Leave granted.
2. With regard to the claim for garage charges, CS No. 49 B of 1990 on the file of the Third Additional Judge to the Court of District Judge, Jabalpur is pending disposal. The State Consumer Forum had also noticed it in paragraph 26 of its order and concluded that the amount claimed by M/s Jabalpur Tractors as garage charges is Rs 18.000 and this cannot be considered as the matter is already pending and is sub judice before the competent civil court. The Consumer Protection Act is not in derogation of any other law. In that view of the matter, the National Consumer Disputes Redressal Commission, in the impugned order, was not justified in directing to hand over possession of the car to the respondent.
3. The appeal is accordingly allowed and the order of the National Forum in First Appeal No. 239 of 1991 dated 18-2-1993 insofar as the garage charges are concerned is set aside. No costs.
For Citation: 1995 Supp(4) SCC 107
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