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2000 Supreme(SC) 1865

Supreme Court Of India
TOPLINE SHOES LIMITED
Versus
CORPORATION BANK
Decided on : November 21,2000

Headnote:

Consumer Protection Act, 1986, Section 21, 22 and 23 -Appropriate Forum- National Commission declined to adjudicate the grievance of the appellants stating that it was not an appropriate forum- The respondent bank stated that a proceeding was pending before the Debt Recovery Tribunal in which the appellant had already made counter claim- Hel in such circumstances appropriate course for the appellant would be to pursue the remedy before the Tribunal rather than the remedy before the Commission- Appeal dismissed. [Para 2]

( 1 ) IN this appeal the appellants are calling in question an order made by the National Consumer Disputes Redressal Commission (for short "the commission") by which it declined to adjudicate the grievance raised by the appellants by stating that it was not an appropriate forum.

( 2 ) IT is brought to our notice by the learned counsel for the respondent bank that a proceeding is pending before the Debts Recovery Tribunal at ahmedabad (for short "the Tribunal") against the appellant and the appellant brings to our notice that he has already made a counter-claim in that proceeding and both submit that the proceedings before the Commission and the Tribunal arise out of the same cause of action. If that is so, appropriate course for the appellant would be to pursue the remedy before the Tribunal rather than the remedy before the Commission. Perhaps bearing this aspect in view the Commission has passed the order under appeal. In that view of the matter, we think it appropriate not to interfere with the order made by the commission. The appeal is therefore dismissed.

( 3 ) HOWEVER, we make it clear that it would be appropriate for the Tribunal to dispose of the matter as expeditiously as possible.

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