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2003 DIGILAW 776 (SC)

Export Wel Industries v. Sai Nath Shipping Corporation

2003-07-15

H.K.SEMA, S.N.VARIAVA

body2003
ORDER : 1. We have heard the parties. We have gone through the record. One of the questions involved is whether the first and second respondents were negligent in rendering the service in clearing the goods and/or whether it is the custom authorities who were negligent. We do not think that any complicated question of fact or law arise which required relegating a party to a civil suit. In our opinion, this is the question which can be decided by the National Consumer Disputes Redressal Commission. As has been held by this Court in the cases of Charan Singh v. Healing Touch Hospital & Ors. (2000) 7 SCC 668 and Dr.J.J. Merchant & Ors v. Shrinath Chaturvedi (2002) 6 SCC 635 , if necessary, the 2- Commission can record evidence. 2. We accordingly set aside the impugned order and remit the matter back to the National Consumer Disputes Redressal Commission for decision on merits. It is clarified that we have not gone into the merits of the matter. 3. The appeal is accordingly allowed. There shall be no order as to costs.