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Supreme Court of India 2019-05-10 allowed

VIBHA BAKSHI GOKHALE vs M/S GRUHASHILP CONSTRUCTIONS

Bench: 2 — D.Y. Chandrachud, Hemant Gupta

In Brief

A consumer complaint seeking redressal for deficiency of service regarding a residential flat was dismissed by the National Consumer Disputes Redressal Commission (NCDRC) on technical grounds after the complainants failed to file a rejoinder and evidence within the prescribed four-week period. The Supreme Court set aside the dismissal, holding that rejecting consumer complaints on mere technicalities defeats the protective purpose of consumer law. The Court emphasised that consumer fora should account for marginal delays caused by systemic resource constraints and should not penalise genuine litigants, as doing so undermines substantial justice. The appeal was allowed and the matter was remitted to the NCDRC.

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Consumer Protection Deficiency of Service Civil Procedure Access to Justice Technicality

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