Consumer Forums Have Jurisdiction To Dismiss Complaints In Limine: SC [Read Judgment]

The bench comprising Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari, taking note of the amendment brought to Section 13 of the Consumer Protection Act, observed that 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 Anjaneya Jewellery vs. New India Assurance Co.Ltd, the question for consideration was whether the National Consumer Disputes Redressal Commission was justified in dismissing a complaint in limine. The Presiding Member of the Commission had dismissed the Anjaneya Jewellary's complaint in limine.

It was brought to the notice of the bench that Section 13 of the Act has undergone amendment w.e.f. 15.03.2003. 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, the bench was told. The court, in this regard, observed:

"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. 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."

However, in the facts of the case, the bench said that the instant complaint does not appear to be of the nature, which deserved the dismissal in limine. It said: 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.

The bench then remanded the case back to the Consumer commission.

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