SAMSHA BANO Vs. SAHARA INDIA LTD

JUDGEMENT

(1.) -After hearing the learned Counsel for the Petitioners we are unable to uphold the view expressed by the State Commission that matter involved in the appeal before it was of such a complicated nature that it could be satisfactorily adjudicated upon only by the Civil Court.

(2.) AN investigation into the merits of the case had already been conducted by the District Forum. What the State Commission had before it were the appeals filed against the order passed by the District Forum. We do not find anything in the nature of the case to justify the view that it is so complicated as not to be capable of being decided satisfactorily by the Consumer Forum. The mere fact that there is an allegation of fraud is no ground for declining to exercise the jurisdiction under the Consumer Protection Act and referring the party to a Civil Court. Unless a prima facie case is made out in support of the plea of fraud and the forum finds that elaborate investigation into the matter is called for, the aggrieved consumer should not be denied an adjudication under the Act. It should be found that detailed enquiry involving the examination of several witnesses at length and the determination of complicated questions of law are involved, in order that the party may be relegated to the remedy in the Civil Court. In the present case no such complicated questions of fact and of law are involved. Hence there was no justification for the State Commission to refuse to adjudicate on the merits of the appeals and refer the parties to pursue the remedy before Civil Court. The order passed by the State Commission will accordingly be set aside and the appeals will stand remanded to the State Commission for fresh disposal on merits in accordance with law in the light of the observations contained in this order. The parties will bear their own costs. Revision allowed.