M/S ANJANEYA JEWELLERY versus NEW INDIA ASSURANCE CO.LTD. & ORS.

Citation: [2019] 2 S.C.R. 975 · Decided: 07-03-2019 · Supreme Court of India · Bench: ABHAY MANOHAR SAPRE · Disposal: Appeal(s) allowed

Judgment (excerpt)

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M/S ANJANEYA JEWELLERY
v.
NEW INDIA ASSURANCE CO.LTD. & ORS.
(Civil Appeal No. 6878 of 2018)
MARCH 07, 2019
[ABHAY MANOHAR SAPRE AND
DINESH MAHESHWARI, JJ.]
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.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6878
of 2018.
From the Judgment and Order dated 22.05.2018 of the National
Consumer Disputes Redressal Commission at New Delhi in Consumer
Case No. 1094 of 2018.
Ms. Meenakshi Arora, Sr. Adv., Ms. Bhabna Das, Krishna Dev
Jagarlamudi, Advs. for the Appellants.
Salil Paul, Sahil Paul, Ms. Manjeet Chawla, Advs. for the
Respondents.
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”)
[2019] 2 S.C.R. 975
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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 limine. It is against this order,  the
complainant has filed this appeal under Section 23 of the Consumer
Protection Act, 1986(hereinafter referred to as “the Act”).
4. So, the short question, which arises for consideration in this
appeal, is whether the Commission was justified in dismissing the
appellant’s complaint in limine.
5. We have perused the appellant’s complaint so also the impugned
order which resulted in its dismissal. Having gone through the same, we
are of the considered opinion that notice of the complaint should have
been issued to the respondent for being tried on merits.
6. In other words, we are of the view that the complaint filed by
the appellant did not deserve its dismissal in “limine” but the complaint
deserved admission for its disposal on merits after giving notice to the
respondents (opposite party).
7. Learned counsel for the respondents, however, argued that
since the impugned order contains reasons for the dismissal of the
complaint and hence the impugned order does not call for any interference.
8. We do not agree with this submission. In our view, having regard
to the nature of the dispute raised by the appellant in their complaint, the
same prima facie needed a reply from the respondents and then its
disposal on merits.
9. Learned counsel for the respondents then argued that Section
13 of the Act has undergone amendment w.e.f. 15.03.2003. Learned
counsel pointed out that earlier Section 13 had the words “procedure on
receipt of complaint”. However, after 15.03.2003, in place of these
words, the words “on admission of a complaint” were substituted.
10. It was, therefore, his submission that the Commission has
now the jurisdiction to dismiss the compliant in limine and decline its
admission without notice to the respondents (opposite party).
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11. There is no dispute with the legal proposition urged by the
learned counsel for the respondents in the light of amendment made in
Section 13 of the Act.
12. In other words, the Commission does have 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.
13. As held above, the facts of the case at hand do not appear to
be of the nature, which deserved the dismissal of the a

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