1. Complaint before National Consumer Disputes Redressal Commission — Relegation to civil suit due to complicated questions of fact after extensive proceedings. (Para 1 , 2 )
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1999 Supreme(SC) 1208
SUPREME COURT OF INDIA
R.P.Sethi : S.Saghir Ahmad
Ganesh Polytex Limited
Versus
Transport Corporation Of India Limited
Case No. : 10874 of 1996
Date of Decision : 10/13/99
Important Points
A consumer commission should not relegate parties to a civil court due to complicated questions of fact if a significant amount of time has passed and evidence has already been led before the commission.
Subject
Consumer Law - Consumer Disputes
Act Referred
Headnote
(A) Consumer Protection Law - Relegation of parties to civil court - Complicated questions of fact - Where a complaint has been pending for a significant period and evidence has already been led by both sides, the commission should proceed to hear and decide the complaint on merits rather than referring the parties to a civil court. (Paras 3 and 4)
Facts of the case:
A complaint was filed before the consumer commission. After three years of proceedings, during which pleadings, documents, and affidavits were filed and arguments were heard, the commission disposed of the complaint by relegating the parties to a civil suit on the ground that the case involved complicated questions of fact.
Findings of Court:
The judgment of the commission cannot be sustained as it failed to consider that substantial time had elapsed and evidence had already been led by the parties before the commission.
Issues: Whether the consumer commission is justified in relegating parties to a civil court on the grounds of complicated questions of fact after the parties have already filed evidence and arguments over a period of several years.
Ratio Decidendi: When a consumer commission has already obtained pleadings, documents, and affidavits, and has heard arguments over a significant period, it must decide the complaint on its merits instead of referring the parties to a civil court, even if complicated questions of fact are involved.
Result: Appeal allowed and the case is remanded to the commission to decide it on merits in accordance with law.
Facts of the case:
A complaint was filed before the consumer commission. After three years of proceedings, during which pleadings, documents, and affidavits were filed and arguments were heard, the commission disposed of the complaint by relegating the parties to a civil suit on the ground that the case involved complicated questions of fact.
Findings of Court:
The judgment of the commission cannot be sustained as it failed to consider that substantial time had elapsed and evidence had already been led by the parties before the commission.
Issues: Whether the consumer commission is justified in relegating parties to a civil court on the grounds of complicated questions of fact after the parties have already filed evidence and arguments over a period of several years.
Ratio Decidendi: When a consumer commission has already obtained pleadings, documents, and affidavits, and has heard arguments over a significant period, it must decide the complaint on its merits instead of referring the parties to a civil court, even if complicated questions of fact are involved.
Result: Appeal allowed and the case is remanded to the commission to decide it on merits in accordance with law.
Legal Category Hierarchy
Table of Contents
2. Validity of the National Commission's order relegating parties to a civil suit after pleadings were filed and arguments heard. (Para 1 , 2 )
3. Relegation to civil court is improper when significant time has elapsed and evidence has already been led before the Commission. (Para 3 , 4 )
4. A consumer commission should not relegate parties to a civil court if substantial evidence has already been led and significant time has passed. (Para 3 , 4 )
5. Appeal allowed — Judgment of National Commission set aside — Case remanded to National Commission for decision on merits. (Para 5 )
6. Can a consumer commission relegate a party to a civil court if complicated questions of fact arise?
Generally, a commission may decide at an initial stage that complicated questions of fact and law require a civil court; however, this is improper if significant time has passed and evidence has already been led by both sides. (Para 3 )
7. What is the impact of extensive proceedings before a consumer commission on the power to relegate parties to a civil suit?
When pleadings are filed, evidence is led, and arguments are heard, the commission must proceed to decide the complaint on its merits rather than relegating the parties to a civil court. (Para 2 , 3 , 4 )
S.SAGHIR AHMAD, J.
(1) THE complaint instituted by the appellant before the National Consumer Disputes Redressal Commission on 7-12-1993 was disposed of by the National Commission on 7-6-1996 by the judgment impugned in this appeal by which the parties have been relegated to a civil suit with the observation that the time spent by the appellant before the Commission in pursuing the remedy there would not be counted towards the period of limitation provided for the filing of the suit.
(2) DURING the pendency of the case before the National Commission, the parties had filed their pleadings, documents and their affidavits. The Commission had also heard the arguments and had also obtained the written synopsis from the parties. It was at this stage that the Commission held that the parties may better institute a suit in the civil court as the case involved complicated questions of fact.
(3) SUCH a controversy was also involved in Amar Jwala Paper Mills (India) v. State Bank of India in which this Court, inter alia, held that:
"4. While we would be reluctant to interfere with an order of the Commission that decides at an initial stage of a complaint that complicated questions of fact and law arise and that, therefore, the complainant must go before a civil court, we cannot be oblivious of the fact that in this case four years have passed and all the evidence has already been led by both sides before the Commission. In the circumstances, we think that the Commission must itself proceed to hear and decide the complaint."
(4) THE above observations apply on all fours to the facts of this case where too, after a lapse of three years, the Commission relegated the parties to the remedy of a civil suit.
(5) IN view of the above, the judgment passed by the National Commission cannot be sustained and is set aside. The appeal is allowed and the case is remanded to the National Commission to decide it on merits in accordance with law.
(6) THERE shall be no order as to costs.
