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