Society For Consumers And Investors Protection (Scip) v. Haryana State Industrial And Infrastructure Development Corporation Ltd.
2024-11-20
MANOJ MISRA, PAMIDIGHANTAM SRI NARASIMHA
body2024
DigiLaw.ai
ORDER : 1. The present appeal arises out of the decision of the National Consumer Dispute Redressal Commission 1 [“National Commission”] in Consumer Complaint No.145 of 2012 dated 26.07.2016 by which the appellants’ original complaint has been dismissed on the ground of maintainability. 2. Learned Counsel appearing for the appellants has brought to our notice the decision of this Court in National Insurance Company Ltd. vs. Harsolia Motors & Ors.2 referring to the definition of “Consumer” under Section 2(1)(d) of the Consumer Protection Act,1986 and laying down the necessary principles for determination of invocation of the jurisdiction of the Consumer Court. 3. In view of this decision, we allow the appeal, set aside the order passed by the National Commission and restore the original complaint to its original number and direct the National Commission to dispose of the matter. Needless to say that the parties are entitled to make their submissions on the basis of the decisions of this Court and on the interpretation of the relevant provisions of the Act. The National Commission shall consider the matter on maintainability as well as on the merits of the matter, if need be, and dispose of the case as expeditiously as possible. 4. The civil appeal is disposed of.