Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act 1986 s.2(1)(g) Nature of proceedings before the Commission |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Consumer Protection Act, 1986 (68 of 1986) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 1986 – s. 2(1)(g) – Respondent-complainant filed a complaint against the appellants-bank alleging that two demand drafts of Rs.5 lakhs and Rs.3 lakhs, totalling Rs.8 lakhs, were not credited to his company’s account in the name of “D-Cube Construction (P) Ltd.” with the bank – The complainant alleged that he had requested the bank to credit the drafts to the said account, but the bank failed to do so – The complainant sought direction from the State Commission to re-credit the drafts to his account – State Consumer Disputes Redressal Commission allowing the complaint, directed the appellant to pay the Respondent-complainant rupees eight lakhs along with compensation of rupees One Lakh – National Commission affirmed the State Commission’s order – On appeal, held: One current account was in the name of “D-Cube Construction (P) Ltd.” and other was in the name of “D-Cube Construction” – Also, appellant-bank had received a letter from D-Cube Construction (P) Ltd. giving “no objection” for opening the current account in the name of “D-Cube Construction” – The two demand drafts in question were issued in the name of “D-Cube Construction” and the amounts of the said drafts were credited in account of “D-Cube Construction” only – Therefore, there is no “deficiency in service” as per s.2(1)(g) on the part of employees of the bank, appellant acted in a bona fide manner and followed due procedure – No room to draw presumptions u/s 2(1)(g) – Burden to prove deficiency would be on the person alleging it – Respondent-complainant failed to discharge his burden of prove that there was a deficiency in service on the part of the employees of the appellants-bank – Orders passed by State Commission and National Consumer Commission set aside.Consumer Protection Act, 1986 – Nature of proceedings before the Commission – The proceedings before the Commission being summary in nature, the complaints involving highly disputed questions of facts or the cases involving tortious acts or criminality could not be decided by the Forum/Commission under the Act – The “deficiency in service”, as well settled, has to be distinguished from the criminal acts or tortious acts. |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2023 INSC 300 |
Petitioner | The Chairman & Managing Director, City Union Bank Ltd. & Anr. |
Respondent | R. Chandramohan |
SCR | [2023] 3 S.C.R. 688 |
Judgement Date | 2023-03-27 |
Case Number | 7289 |
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