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Qamar Jahan and Another v. Nisar Ahmad Tyagi and Others

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 76-77 of 2011)Decided 24 Mar 2015
Civil Appeal Nos. 76-77 of 2011
Justice Kurian Joseph · Justice R.K. Agrawal

Background

The appellants had filed a medical-negligence complaint before the National Consumer Disputes Redressal Commission in 2000, alleging negligent treatment of the first appellant's husband. After years of delay, partly because two of the opposite parties were only served notice in late 2009, the National Commission dismissed the complaint in 2010 for want of evidence, after closing the appellants' right to file a rejoinder and evidence affidavit, and it also refused to recall that dismissal.

Decision Breakdown

The Supreme Court held that the National Commission had acted prematurely: since pleadings were not yet complete when it closed the appellants' rights, it should have first treated the pleadings as complete (in the absence of a rejoinder) and then given the appellants a genuine opportunity to lead evidence, rather than dismissing the decade-old complaint outright for want of evidence. The Court set aside both the dismissal order and the order refusing to recall it, restored the complaint, and allowed the appellants two weeks to file their evidence affidavit, with the matter to proceed before the National Commission on a fixed date, failing which the complaint would stand dismissed again.

Lesson Learnt

A consumer forum must ensure pleadings are actually complete before shutting the door on a complainant's evidence: procedural fairness requires a real opportunity to be heard before a long-pending complaint is dismissed for lack of evidence.

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

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