Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1986 Consumer Protection Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 1986 – Deficiency of service by bank – Allegation of – Appellant and his father, opened a joint Fixed Deposit – The essence of the complaint of the appellant was that there was a deficiency on the part of the respondent bank in proceeding to credit the proceeds of a joint FD exclusively to the account of his father – The State Consumer Dispute Redressal Commission (SCDRC), declined to entertain the complaint on the ground that the dispute essentially was between the appellant and his father and did not fulfill the description of a consumer dispute – SCDRC was of the view that only a civil court was competent to deal with such a dispute – Appeal was dismissed by the NCDRC – On appeal, held: A person who avails of any service from a bank will fall under the purview of the definition of a ‘consumer’ under the 1986 Act – As a consequence, it would be open to such a consumer to seek recourse to the remedies provided under the 1986 Act – There was a manifest error on the part of the SCDRC in declining to entertain the consumer complaint on merits – The SCDRC had no justification to relegate the appellant to pursue his claim before a civil court – The appellant did not, in the proceedings before the SCDRC, raise any claim against his father – Therefore, the SCDRC was wrong deducing that there was dispute between appellant and his father – The order of the NCDRC is set aside. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 804 |
Petitioner | Arun Bhatiya |
Respondent | Hdfc Bank & Ors. |
SCR | [2022] 7 S.C.R. 91 |
Judgement Date | 2022-08-08 |
Case Number | 5204 |
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