M/s Anjaneya Jewellery vs New India Assurance Co.Ltd. & Ors.

Court

Supreme Court of India

Date

7 March 2019

Case No.

Civil Appeal No. 6878 of 2018

Result

Allowed

Bench

Abhay Manohar Sapre, Dinesh Maheshwari

Citation

[2019] 2 S.C.R. 975 : 2019 INSC 333

Headnote

Consumer Protection Act, 1986:

s.13 – Dismissal of complaint in limine by the National Commission – Justification – Held: Although Commission has the jurisdiction to dismiss the complaint in limine and decline its admission without notice to the opposite party, however, such jurisdiction to dismiss the complaint in limine has to be exercised by the Commission having regard to facts of each case, i.e., in appropriate case – In the instant case, the facts do not deserve the dismissal of the appellant’s complaint in limine and, therefore, the impugned order is set aside – Appellant’s complaint is admitted under s.13 of the Act and one month’s time is granted to the respondents to file their reply to the complaint to enable the Commission to decide the complaint on its merits in accordance with law.

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. This appeal is filed against the final judgment and order dated 22.05.2018 passed by the National Consumer Disputes Redressal Commission, New Delhi(hereinafter referred to as “the Commission”) in Consumer Case No.1094 of 2018 whereby the Presiding Member of the Commission dismissed the complaint filed by the appellant herein. 2. A few facts need mention hereinbelow for disposal of this appeal, which involves a short point. 3. By impugned order, the Presiding Member of the Commission dismissed the appellant’s complaint in

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