Supreme Court · 2015 INSC 980 · Decided 24 March 2015
Qamar Jahan An Danother v. Nisar Ahmad Tyagi and Others
- Court
- Supreme Court of India
- Citation
- 2015 INSC 980 · [2015] 3 S.C.R. 793
- Case number
- CIVIL APPEAL No. 76/2011
- Decided
- 24 March 2015
- Bench
- KURIAN JOSEPH, R.K. AGRAWAL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Consumer Protection Act Section 13, 23
Headnote
Consumer Protection Act, 1986- s. 13( 4)(iiQ- Complaint before National Commission - The Commission closed the right to file rejoinder and also right to file affidavit in chief C examination on the ground of delay in filing rejoinder and dismissed the complaint for want of evidence - Held: The examination arises only after the pleadings are complete - Due to non-filing of the rejoinder, the National Commission, at best could have forfeited the D permission to file rejoinder and should have granted opportunity to lead the evidence holding that in absence of the rejoinder, the pleadings
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