Procedure For Adjudication Of Complaint Given To Consumer Protection Act Should Be Adhered To

Case title

M/S SYLVANUS PROPERTIES LTD. v. PARESH PRATAP RAI MEHTA

Key Takeaways

• This case was heard by the Bench of Justice Amit Bansal.
• The learned counsel of the petitioner was Advocate Pravin Bahadur.
• The High Court stated that the procedure for adjudication of the complaint as per the provisions of the Act has to be adhered to.

Background of the case

• The National Consumer Dispute Redressal Commission (NCDRC) ordered the Chief Executive Officer (CEO) of the petitioner who is the opposite party before NCDRC to file an affidavit within two weeks and to be present in the video conferencing on the next date.
• The petitioner filed an appeal in High Court under Article 227 of the constitution of India.
• The counsel of the petitioner company prayed to set aside the order passed by the NCDRC and to record the affidavit which is filed by the director of the petitioner company on time and the petitioner company at present do have any CEO to be present in the hearing, so the counsel requested the Court to dispend the order of presenting the CEO on video conferencing.

High Court findings

• The court observed that there was no reason for the NCDRC to direct the CEO of the petitioner company to file the affidavit or to direct the CEO to be present in the hearing held through video conferencing. The reply of the complaint was also filed within the prescribed period.
• The court stated that there are some rules framed in the Consumer Protection Act, 1986 which provides the details about the procedure for deciding a complaint.
• The court stated that it was appreciative that the NCDRC was trying to make the settlement between the parties but in order to do so, the procedure given in the provisions have to be followed by the NCDRC.
• There was no reason provided by the NCDRC for directing the filing of affidavit by the CEO of the petitioner company or for directing the CEO to be present in the hearing which was to be held through video conferencing.
• The order passed by the NCDRC was set aside by the High Court.

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Questions
1) What is Article 227 of Constitution of India?
2) What are your views on the order given by NCDRC?