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Supreme Court of India 2019-03-07 allowed

Anjaneya Jewellery vs New India Assurance Co. Ltd. & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

Anjaneya Jewellery filed a consumer complaint with the National Consumer Disputes Redressal Commission against New India Assurance Co. Ltd. and others. The Commission's Presiding Member dismissed the complaint in limine (at the threshold) without issuing notice to the respondents or giving them opportunity to reply. The Supreme Court held that although the Commission has statutory jurisdiction to dismiss complaints in limine under Section 13 of the Consumer Protection Act, 1986 (as amended in 2003), this power must be exercised judiciously and only in appropriate cases. Where a dispute prima facie requires the respondent's version, the complaint should proceed to merit-based hearing. The Court allowed the appeal, set aside the dismissal, and admitted the complaint for disposal on merits after notice to the respondents.">

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