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Supreme Court pulls up national consumer commission

The court said that it is harsh to penalise a bona fide litigant for marginal delays.

New Delhi: The Supreme Court has taken a dim view of the National Consumer Disputes Redressal Commission (NCDRC) dismissing the complaints by the consumers on technical grounds saying that such an approach defeats the purpose of setting up the fora for the protection of consumer rights.

Holding that the rejection of complaint on technical grounds was in disregard to the requirement of “substantial justice”, the bench of Justice Dhananjaya Y Chandrachud and Justice Hemant Gupta in their order said: “We are affirmatively of the view that orders of this nature detract from the true purpose for which the NCDRC has been established.”

Referring to the intent of parliament in setting up the NCDRC, the court said that it was to protect the rights of consumers to seek justice under the Consumer Protection Act 1986.

Pointing to the importance of NCDRC as a guardian of consumer rights, the court said: “The NCDRC should have borne this in mind instead of rejecting the complaint on a technicality. Such dismissals only add to the burden of litigation and defeat the purpose of ensuring justice in the consumer fora.”

The court said that it is “harsh to penalise a bona fide litigant for marginal delays.”

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