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CASE NO.: Appeal (civil)  D34104 of 2007

PETITIONER: Vishamber Sunderdas Badlani & Anr

RESPONDENT: Indian Bank & Ors.

DATE OF JUDGMENT: 11/02/2008

BENCH: C.K. THAKKER & D.K. JAIN

JUDGMENT: JUDGMENT O R D E R                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        This is a statutory appeal filed by the appellants under provisions of the Consumer  Protection Act, 1986.  The National Consumer Disputes Redressal Commission (for  short ‘the Commission’) dismissed the complaint filed by the appellants herein inter  alia observing that disputed questions of fact and law have been involved in the matter  and that serious allegations have been  made as to fraud, collusion, etc.  It also appears  from the record of the case that criminal proceedings have been instituted by the  Central Bureau of Investigation (C.B.I) and investigation has been ordered.   

       The Commission is exercising power of a summary nature.  It is, no doubt, true that  it  is open to the Commission to enter into, deal with and decide questions of fact as well  as of law.  In an appropriate case, even  evidence can be led.  Normally, however, in  such cases, if an order is passed on the facts and in the circumstances of the case  granting liberty to the appellants-complainants to approach a civil Court, it cannot be  said that by exercising such power, illegality  has been committed by the Commission.

       Hence, the appeal is summarily dismissed. ..2/-

: 2 :

       It is, however, clarified that as and when an appropriate proceeding will be taken b y  the appellants, any observation made either by the Commission or by us will not come  in the way of appellants.  If any suit is filed, it is open to the appellants to make  appropriate prayer on limitation and the Court will keep in mind the facts and  circumstances of the case and the present proceedings initiated by the appellants.  The  Court will also consider Section 14 of the Limitation Act, 1963.