A significant ruling by the Supreme Court of India sheds light on consumer protection and access to justice in the case of Consumer Complaint No 1432 of 2016. The judgement emphasizes the importance of safeguarding consumer rights and ensuring fairness in legal proceedings regarding consumer disputes.
Facts
- The appellants had booked a residential flat with the respondents.
- The appellants alleged deficiency of service on the part of the respondents.
- Issues related to the booking and cancellation of the flat were discussed.
- Both parties presented their arguments regarding the booking process.
- The NCDRC dismissed the complaint filed by the petitioner on 15 February 2019.
- The dismissal was done in accordance with specific directions outlined in the judgement.
- The specific directions were not provided in this summary.
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Analysis
- The NCDRC rejected the complaint on a technicality despite a conditional order requiring the appellants to file a rejoinder and evidence within a specified time frame.
- The rejection was deemed as harsh and not in line with the purpose of the NCDRC, which is to protect consumers’ rights to seek justice under the Consumer Protection Act 1986.
- The NCDRC’s refusal to condone marginal delays contradicts the spirit of providing access to justice to consumers and instead adds to the burden of litigation.
- It was observed that the Act stipulates a timeframe for disposing of complaints, but the lack of resources and infrastructure often hinders timely resolution.
- The NCDRC’s assumption that the delay in filing documents implied lack of merit in the case was unwarranted and went against the principles of substantial justice.
- Learned counsel for the appellants has stated that the rejoinder and affidavit of evidence are ready.
- Consumer fora should bear in mind the readiness of the rejoinder and affidavit of evidence to ensure that the ends of justice are not defeated.
- The complaint was dismissed on a mere technicality, hence notice to the respondent was not issued.
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Decision
- Consumer Complaint No 1432 of 2016 was restored to the file of the NCDRC.
- The impugned order of the NCDRC dated 15 February 2019 was set aside.
- The Appeal is accordingly disposed of.
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Case Title: VIBHA BAKSHI GOKHALE Vs. M/S GRUHASHILP CONSTRUCTIONS
Case Number: C.A. No.-004767 / 2019
