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. 13( 4)(iiQ |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 1986 — s. 13(4) (iii) - Complaint before National Commission — The Commission closed the right to file rejoinder and also right to file affidavit in chief examination on the ground of delay in filing rejoinder and dismissed the complaint for want of evidence — Held: The question of affidavit in chief examination arises only after the pleadings are complete — Due to non-filing of the rejoinder, the National Commission, at best could have forfeited the permission to file rejoinder and should have granted opportunity to lead the evidence holding that in absence of the rejoinder, the pleadings would be deemed to be complete — Therefore, though the complainants are not entitled to file rejoinder, THEY are entitled to lead evidence and hence can file the affidavit in terms of s.13(4)(iiij) - Appeals allowed. rr nF |
Judge | Hon'ble Mr. Justice Kurian Joseph Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2015 INSC 980 |
Petitioner | Qamarjahan And Another |
Respondent | Nisar Ahmad Tyagi And Others· |
SCR | [2015] 3 S.C.R. 793 |
Judgement Date | 2015-03-24 |
Case Number | 76-77 |
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