CCI CHAMBERS CO-OP. HSG. SOCIETY LTD. versus DEVELOPMENT CREDIT BANK LTD.

Citation: [2003] SUPP. 3 S.C.R. 139 · Decided: 29-08-2003 · Supreme Court of India · Bench: R.C. LAHOTI · Disposal: Appeal(s) allowed

Judgment (excerpt)

.. 
CCI CHAMBERS CO-OP. HSG. SOCIETY LTD. 
v. 
DEVELOPMENT CREDIT BANK LTD. 
AUGUST 29, 2003 
[R.C. LAHOTI AND ASHOK BHAN, JJ.] 
Consumer Protection Act, 1986--Consumer Forum-Complaint-
Entertainability-Scope of-Consumer Forum considering the allegations, 
A 
B 
time to be taken to decide the matter, the documents required to be proved, 
returning the complaint-On appeal, held: Decision of Commission pre- C 
mature since it ought to have issued notices, taken pleadings on record and 
then formed an opinion as to the scope of enquiry-Thereafter it could have 
asked the complainant to approach Civil Court-Further, the mere 
complicated nature of facts and law arising for decision cannot be a 
ground for denial-Matter remitted back to Commission for afresh hearing D 
and decision-Section 23. 
Appellant maintained a savings bank account with the respondent-
bank. He filed a complaint against the respondent-bank alleging 
deficiency of service. It was alleged that the respondent-bank hououred 
cheques worth Rs. 75, 17,352 bearing false signatures and altered figures, E 
and then wrongly debited the amount. National Consumer Dispute 
Redressal Commission considered the allegations; the time required to 
decide the matter, the document required to be proved including 150 
cheques and observed that it was not possible for the Commission to 
take up the matter and thus returned the matter. Hence the present F 
appeal. 
Allowing the appeal, the Court 
HELD: I. The fora at the National Leve~ the State level and the 
District level have been constituted under the Consumer Protection G 
Act, 1986 with the avowed object of providing summary and speedy 
remedy in conformity with the principles of natural justice, taking care 
of such grievances as are amenable to the jurisdiction of the fora 
established under the Act. 
These fora have been established and 
conferred with jurisdiction in addition to the conventional courts. The H 
139 
140 
SUPREME COURT REPORTS (2003] SUPP. 3 S.C.R. 
A principal object sought to be achieved by establishing such fora is to 
relieve the conventional courts of their burden which is ever-increasing 
with the mounting arrears and whereat the disposal is delayed because 
of the complicated and detailed procedure which at times is accompanied 
by technicalities. Merely because recording of evidence is required, or 
B some questions of fact and law arise which would need to be investigated 
and determined, cannot be a ground for shutting the doors of any 
forum under the Act to the person aggrieved. 1142-E-G) 
2. In the instant case, the decision arrived at by the National 
Consumer Disputes Redressal Commission is premature. 
The 
C Co11t111ission ought to have issued notice to the respondent-bank and 
taken its pleadings on record. Only when the pleadings for both parties 
were available sholtld the Commission have formed an opinion as to 
the nature and scope of enquiry, i.e., whether the questions arising for 
decision in the light of the pleadings of the parties required a detailed 
D and complicated investigation into the facts which was incapable of 
being undertaken in a summary and speedy manner. 
Then the 
Commission could have justifiably formed an opinion on the need of 
driving away the complainant to the Civil Court. Mere complicated 
nature of the facts and law arising for decision would not be decisive. 
E Thus the matter is remitted back to the Commission for afresh hearing 
and decision. 1144-G-H, 145-A-B) 
Dr. J.J. Merchant & Ors. v. Shrinath Chaturvedi, 12002) 6 SCC 635; 
Indian Medical Association v. V.P. Shantha and Ors., [1995) 6 SCC 651; 
Amar Jwala Paper Mills (India) and Anr. v. State Bank of India, 11998) 
F 8 sec 387 and Synco Industries v. State Bank of Bi/caner & Jaipur and 
Ors., 12002) 2 SCC I, referred to. 
G 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7228 of 
2001. 
From the Judgment and Order dated 12.7.2001 of the National 
Consumer Disputes Redressal Commision, New Delhi in O.P. No. 160 of 
2001. 
Harish N. Salve, Ms. Rarnni Taneja, Ms. Minakshi Shakarande, 
H Mukesh Tyagi and Rajiv Nanga for the Appellant. 
CCI CllAMBERS CO-OP. HSG. SOCIETY LTD. v. DEVELOPMENT CREDIT BANK LTD [LAHOTI, I.] 141 
P. Chidambaram and Harish J. Jhaveri for the Respondent. 
A 
The Judgment of the Court was delivered by 
R.C. LAHOTI, J. The appellant, who was maintaining a Savings 
Bank Account with the respondent-Bank filed a complaint alleging deficiency 
of service by the respondent,

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