Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4931 OF 2004
Tamil Nadu Jai Bharath Mills Ltd. ...Appellant(s)
Versus
Hongkong & Shanghai Banking Corpn. Ltd. ...Respondent(s)
With Civil Appeal Nos.4938/2004, 4939/2004, 4940/2004, 4932-
4933/2004 and 4934-4937/2004
O R D E R
Civil Appeal Nos.4931/2004, 4938/2004, 4939/2004 and 4940/2004:
Heard learned counsel for the parties.
In these appeals, different complaints were filed before the District
Consumer Disputes Redressal Forum [for short, "District Forum"], which were
dismissed by different orders on a finding that there was no deficiency in service. The
said orders were confirmed by the State Consumer Disputes Redressal Commission,
Chennai [for short, "State Commission"]. Thereafter, when the matters were taken to
the National Consumer Disputes Redressal Commission in revision, the same were
dismissed observing as if the State Commission had directed the complainants to
move the civil court for redressal of their grievances. Hence, these appeals by special
leave.
Having taken into consideration all the pros and cons of the matter, we are
of the view that the complainants, instead of moving the District Forum by filing
different
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complaints, should have filed properly constituted suits before a competent civil
court. Accordingly, the appeals are allowed, impugned orders are set aside and the
complaints are dismissed with liberty to the complainants to move competent civil
court by filing properly constituted suits. As, in our view, the complainants were
bonafide prosecuting the present proceedings, we direct that if, along with the plaints,
petitions under Section 14 of the Limitation Act are filed, time spent from the date of
filing of the complaints till this date shall be excluded in computing the period of
limitation.
Civil Appeal Nos.4932-4933/2004 and 4934-4937/2004:
Heard heard counsel for the parties.
In view of the order passed in Civil Appeal No.4931 of 2004 and connected
matters, these appeals are allowed, impugned orders are set aside and the complaint
petitions filed by the complainants are dismissed with liberty to the complainants to
move competent civil court by filing properly constituted suits. As, in our view, the
complainants were bonafide prosecuting the present proceedings, we direct that if,
along with the plaints, petitions under Section 14 of the Limitation Act are filed, time
spent from the date of filing of the complaints till this date shall be excluded in
computing the period of limitation.
...................
...J.
[B.N. AGRAWAL]
...................
...J.
[G.S. SINGHVI]
New Delhi,
May 07, 2008.