x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   After skipping his Choubarsi, Cong to observe death anniversary of Madan Lal Sharma | Amid chill, CM Omar stations himself in Kashmir to ensure relief | ‘South Indian cinema can promote J&K’s natural beauty’ | Income Tax Deptt serves notice to PDP MLA | Suspected TeM terrorist arrested in Bengal | Properties worth Rs 1.28 cr attached under NDPS Act | 3 held with arms in North Kashmir | CB produces challans against 18 accused | Trainee cop dies of bullet wound | Battling power cuts, Kashmiris fall back on Kangris | Annual Mahotsav 2024 showcases Swadeshi Spirit & Self-Reliance: Kavinder | Javed Rana inspects Gujjar Bakerwal hostel | Modi Govt builds on Vajpayee's legacy, strengthening India's global position: Rohiin Chandan | Trikuta Nagar Welfare Society Raises Alarm Over Rising Crime, Drug Abuse | DC Bandipora Inspects JKSSB Exam Centres, Reviews Arrangements | Keshav Chopra organises Free Health Check Up Camp | Congress to connect with roots, observe anniversaries of all top leaders | NDS Felicitates Eminent Artists at ‘Dogri Bhasha Mannata Dhiadda’ Celebration | Indian Army organised Mobile Medical Patrol | ADC Kupwara inspects JKSSB Examination Centres | PDP holds meeting in Habba Kadal zone deliberates upon several issues | Edu Deptt Hosts Debate & Painting Competition | Babu Rampaul reiterates demand for restoration of statehood to J&K | Absconder arrested after evading arrest for over a year | Crackdown on illegal mining; 5 vehicles seized: Reasi Police | Reasi Police launches verification drive of Sim vendors outlets | Bovine smuggling attempt foiled: 11 bovines rescued in Udhampur | Missing girl recovered, reunited with family in Kishtwar | DC Reviews JKSSB Examination Process | Freedom Society Sports, Martial Arts Championship Concludes | 578 Aspirants appear for JKSSB Examination | Free Multi-Speciality Health Checkup camp organized | KUT Judo Championship 2024 to be held in Jammu | JU organises workshop on “Research Methodology” | Equitable System | Back Issues  
 
news details
Criminal acts like fraud cannot be decided by consumer forum: Supreme Court
3/31/2023 11:42:22 PM
agencies
NEW DELHI, Mar 31: The Supreme Court has remarked that cases involving tortious acts or criminality like fraud or cheating could not be decided by the Consumer Forums and deficiency in service has to be distinguished from the criminal acts. A bench of Ajay Rastogi and Bela M Trivedi passed these remarks on March 27 order while setting aside an order of National Consumer Disputes Redressal Commission, Circuit Bench at Chennai dated February 1, 2007.
The Chairman and the Manager of the City Union Bank Limited have preferred the present appeal against the Judgment and Order dated February 1, 2007 passed by the National Consumer Disputes Redressal Commission, Circuit Bench at Chennai in which it upheld the order dated December 23, 2004 passed by the State Consumer Disputes Redressal Commission, Chennai.
"The proceedings before the Commission being summary in nature, the complaints involving highly disputed questions of facts or the cases involving tortious acts or criminality like fraud or cheating, could not be decided by the Forum/Commission under the said Act," the top court said.
"The "deficiency in service", as well settled, has to be distinguished from the criminal acts or tortious acts," the top court said.
"There could not be any presumption with regard to the wilful fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance in service, as contemplated in Section 2(1)(g) of the Act. The burden of proving the deficiency in service would always be upon the person alleging it," the top court said.
The complainant in the case has alleged that City Union Bank had transferred two demands of a total of ? 8 lakh to the wrong account in the year 1996. The top court noted there were certain disputes going on between the Directors of the said company.
"Some disputes were going on amongst the Directors of the Company and one of the Directors if allegedly had committed fraud or cheating, the employees of the bank could not be held liable if they had acted bona fide and followed the due procedure," the top court said.
The top court said the complainant have miserably failed to discharge his burden to prove that there was a deficiency in service on the part of the employees of the appellants-bank within the meaning of Section 2(1)(g) of the Act, his complaint deserved to be dismissed.
"The impugned orders passed by the State Commission and the National Commission are therefore quashed and set aside. The appeal stands allowed accordingly," the top court said.
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
  
BSE Sensex
NSE Nifty
 
CRICKET UPDATE
 
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU