CIVIL
PROCEDURE CODE& EVIDENCE ACT NOT
APPLICABLE TO THE CONSUMER FORA.
The objective of the
Consumer Protection (CP) Act was to afford speedy and affordable justice to
consumer,shorn of technicalities,so that consumers would be able to argue their
complaints in person without the need of engaging an advocate.It is because of
this reason that the Act does not
provide any formats for complaints or applications.The Supreme Court has
said that technicalities require to be eschewed by the consumer fora and the
National Commission has observed that even a letter can be treated as a
complaint.
Unfortunately,over the
years,the consumer fora are losing sight of the intent and purpose of the Act
are often becoming hyper-technical.Some of the retired judges who preside over
the consumer fora try to bring in technicalities which they have practised all
their lives in the civil courts,and thereby frustrate the consumer
movement.Here,I will deal with some judgments which will illustrate how
consumer fora should follow a simple procedure,merely observing the principles
of natural justice,devoid of all technicalities.
Case
Study 1:
In the case of S P
Aggarwal v/s The Sanjay Gandhi Post Graduate Institute of Medical
Sciences,Lucknow (FA No.478 of 2005 decided on March 31,2010),the National Commission
was required to decide whether the proceedings under the CP Act required a
detailed affidavit to be filed in accordance with the provisions of the Civil
Procedure Code (CPC),or a short affidavit would suffice.
Aggarwal had filed a
complaint before the UP State Commission alleging medical negligence.The State
Commission dismissed the complaint because the affidavit filed by the
complainant was very short and not in accordance with the provisions contained
of Order XIX of the CPC.In appeal,the National Commission observed that the
provisions of Order XIX of the CPC cannot be strictly applied to the
proceedings before the consumer fora.It held that the State Commission had
taken a hyper-technical view in rejecting the affidavit as it had not been prepared in accordance with the provisions
of the CPC and the annexures filed along with the affidavit had not been not
dealt with in detail as required under the CPC.The National Commission held
that the affidavit and the documents filed by the complainant were entitled to
due consideration on the basis of the intrinsic value of the documents filed.
After considering the
evidence,the National Commission held that the complainant had established
medical negligence and for this he was awarded a compensation of Rs 1 lakh
Case
Study 2:
In the case of Consumer Education &
Research Society & Anr v/s New India Assurance Co Ltd & Ors [I (2008)
CPJ 317 (NC),the National Commission held that an over-technical view should
not be taken by the fora.A consumer complaint can even be filed by the parent
of an aggrieved person or his Power of Attorney holder.A complaint alleging
defect in goods or deficiency in service can be entertained on receipt of a
letter stating sufficient facts and the cause of action.Technicalities are not
to be encouraged because the only procedure prescribed under the Act is to
follow the principles of natural justice and to decide the matter after hearing
both the parties.The National Commission rued that unfortunately this aspect
has been forgotten and some fora still erroneously try to adhere to the
procedure prescribed under the CPC or elsewhere.
Case
Study 3:
In the case of Malay
Kumar Ganguly v/s Dr Sukumar Mukherjee & Ors [III (2009) CPJ 17 (SC),the
Supreme Court observed that even though the proceedings under the CP Act are
judicial proceedings,they are not civil courts.So,disputes have to be tried in a
summary manner,following the principles of natural justice,and provisions of
the Indian Evidence Act are not applicable to the consumer fora.
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