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Indusind Bank Limited vs. Simarjit Singh

Civil Appeal · 2022 INSC 143Decided 3 Feb 2022
Civil Appeal No. 784 of 2022

Background

The respondent had taken a truck loan from IndusInd Bank and, despite having repaid more than what was due under the instalment schedule by mid-2008, had his loaded truck forcibly repossessed by persons acting for the Bank while it was en route from Gujarat to Srinagar carrying a consignment of timber. His consumer complaint was rejected by the District Forum but succeeded before the State Consumer Disputes Redressal Commission (SCDRC), which found the Bank's claim of "voluntary surrender" to be based on a fabricated document and awarded him the value of the truck, the value of the timber (Rs. 20 lakh, based only on the respondent's own figure), monthly compensation for loss of livelihood, and litigation costs; the National Commission upheld this. The Bank appealed only the timber-valuation portion to the Supreme Court.

Decision Breakdown

The Supreme Court declined to disturb the factual finding that the Bank's surrender document was fabricated, and left untouched the truck's value, the loss-of-livelihood compensation, and litigation costs awarded to the respondent. However, it found that neither the SCDRC nor the National Commission had actually examined evidence on the timber's value: the Rs. 20 lakh figure was accepted solely because the respondent stated it, without supporting documents, while the Bank now produced invoices and delivery records suggesting a much lower value of about Rs. 4.13 lakh. Since this factual question had never been properly adjudicated, the Court partly allowed the appeal only on this point and remitted the timber-valuation issue back to the SCDRC for a fresh determination based on affidavits and evidence from both sides, directing the case be concluded within six months given its age.

Lesson Learnt

A consumer forum's compensation award must be founded on actual evidence of value, not merely accepted at the complainant's stated figure. Where a specific head of damages was never properly tested with evidence, a higher court can send just that issue back for fresh adjudication while leaving the rest of the award, including a finding that fabricated evidence was used against the consumer, intact.

Official source (sci.gov.in)View Judgment (PDF)

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