Consumer protection_Supreme Court_burden to prove_highly disputed questions of facts

 

12. The proceedings before the Commission being summary in nature, the complaints involving highly disputed questions of facts or the cases involving tortious acts or criminality like fraud or cheating, could not be decided by the Forum/Commission under the said Act. The “deficiency in service”, as well settled, has to be distinguished from the criminal acts or tortious acts. There could not be any presumption with regard to the wilful fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance in service, as contemplated in Section 2(1)(g) of the Act. The burden of proving the deficiency in service would always be upon the person alleging it. 

13. In the instant case, respondent-complainant having miserably failed to discharge his burden to prove that there was a deficiency in service on the part of the employees of the appellants-bank within the meaning of Section 2(1)(g) of the Act, his complaint deserved to be dismissed, and is accordingly dismissed. The impugned orders passed by the State Commission and the National Commission are therefore quashed and set aside. The appeal stands allowed accordingly. 

IN THE SUPREME COURT OF INDIA

 CIVIL APPELLATE JURISDICTION 

 CIVIL APPEAL NO. 7289 OF 2009; 

THE CHAIRMAN & MANAGING DIRECTOR, CITY UNION BANK LTD. & ANR. versus R. CHANDRAMOHAN

Consumer Protection_Supreme Court_ post possession_consumer complaint

Para 11 The conduct of the respondents, the NCDRC recorded in the impugned order, was far too casual and on the face of it, the respondents are guilty of “unfair trade practice” within the meaning of section 2(1)(r) of the C.P. Act. After so recording, the NCDRC held that this does little to rescue the complainants. The reason assigned therefor defies logic. We have failed to comprehend as to what the NCDRC meant when it observed that the appellants “ought to have known what they were purchasing”. More often than not, the jurisdiction of the consumer fora under the C.P. Act is invoked postpurchase. If complaints were to be spurned on the specious ground that the consumers knew what they were purchasing, the object and purpose of the enactment would be defeated. Any deficiency detected post-purchase opens up an avenue for the aggrieved consumer to seek relief before the consumer fora. The reasoning of the NCDRC is, thus, indefensible. Indeed, the appellants had purchased their respective flats on payment of consideration amounts as per market rate and there was due execution and registration of the deeds of conveyance preceded by agreements for sale and these instruments did indicate, inter alia, what formed part of the common facilities/amenities; however, the matter obviously could not have ended there. Whether the appellants had been provided what the respondents had promised did survive for consideration, which does not get reflected in the impugned order.

IN THE SUPREME COURT OF INDIA 

CIVIL APPELLATE JURISDICTION 

Civil Appeal No. 3343 of 2020; 

DEBASHIS SINHA & ORS. versus M/S R.N.R. ENTERPRISE REP. BY ITS PROPRIETOR/CHAIRMAN,KOLKATA & ORS.

Consumer Law-pedantic and hyper-technical approach would cause damage to the very concept of consumerism

 

Consumer Law - A pedantic and hyper-technical approach would cause damage to the very concept of consumerism

Para 23 In light of the aforesaid exposition of law, which the National Commission itself took note of in its subsequent decision, the present appeals deserve to be allowed. Complaints have already been registered, and in any case, the issue pertaining to registration and the byelaws has got no relevancy, particularly in light of the submission made by the learned counsel for the appellant that affidavits have been filed by individual allottees. A pedantic and hyper-technical approach would cause damage to the very concept of consumerism. We further note that even after five years the appellant is unable to proceed, and the cases have not progressed

IN THE SUPREME COURT OF INDIA

 CIVIL APPELLATE JURISDICTION 

 CIVIL APPEAL NO. 4718 OF 2022

Alpha G184 Owners Association versus Magnum International Trading Company Pvt. Ltd.