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| SCDRC is empowered to order police probe if forged document is filed: Full Bench | | | Early Times Report
Jammu, July 2: A high court full bench of Chief Justice N Paul Vasantha Kumar, Justice Muzaffar Hussain Attar and Justice A M Magrey, in landmark judgment, held that State Consumer Disputes Redressal Commission (SCDRF) is empowered to order investigation by the concerned police if forged document is filed before the state commission and also held that SCDRC, while discharging judicial duties in terms of Section 11(5) of the J&K Consumer Protection Act, 1987, is empowered to call for the report for arriving at a just decision in the complaint filed before it.
This judgment was passed in bunch of petitions for which the larger bench was constituted pursuant to the reference made on 13.03.2014 with reference to the orders made in CIMA No 93/2011 dated 19.09.2011 by a high court division bench at Srinagar and the order made in CIMA No 136/2013 dated 14.03.2013 rendered by a division bench at Jammu, for answering an issue, as to whether the SCDRC can issue directions to police to register the case and investigate the matter, and the question with regard to its jurisdiction to call for the report by appointing a commission and decide the matter.
On perusal of the above statutory provisions, it is evident that the Divisional Forum/ State Commission shall have to exercise the same powers as are vested in the civil Court under the Code of Civil Procedure and every proceeding before the Divisional Forum shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Ranbir Penal Code, and the Divisional Forum shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XVII of the Code of Criminal Procedure, Samvat 1989. Once it is treated as civil Court, the State Commission can follow the procedures as prescribed for the Divisional Forums which are treated as judicial forum, within the meaning of Section 193 and 228 of the RPC. The powers vested in civil Court can be exercised by the State Commission and further observed that it is not in dispute that the civil Court is empowered to appoint Commission to find out the true nature of facts to arrive at a just conclusion. It is well settled proposition of law that Courts/judicial forums are duty bound to find out the truth while deciding disputes between the parties and for finding the truth the court/judicial forum is entitled to appoint a Commission and based on the report to be filed by the Commission appointed and after giving liberty to the parties to dispute to file objections about the report of the Commission, the Court/Judicial forum can arrive at a conclusion.
Thus, appointment of a Commission is within the ambit and power of the State Commission and the reference in respect of the power of the State Commission as to whether it can appoint the Commission or it alone should record evidence and decide the dispute and in conclusion the reference is answered that SCDRC is empowered to order investigation by the concerned police if a forged document is filed before it and the State Commission while discharging judicial duties in terms of Section 11(5) of the J&K Consumer Protection Act, 1987. It is empowered to issue Commission and call for the report for arriving at a just decision in the complaint filed before it. —JNF |
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