TMI Blog2003 (8) TMI 552X X X X Extracts X X X X X X X X Extracts X X X X ..... d. Photocopies of such cheques were filed with the complaint. As many as 72 cheques were issued on such dates when one of the two persons purportedly drawing the cheques ws already dead. The other one denied his signatures and such disputed signatures did not at all tally with the standard specimen signatures. Suspicion was raised against an official of the respondent-Bank. The complaint was filed after serving notice on the respondent-Bank, which was not complied with. The National Consumer Distputes Redressal Commission, New Delhi (hareinafter, NCDRC, for short), formed an opinion as under : ...considering the allegations in the complaint and the time that will require to decide the matter, it cannot be perhaps possible for this Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... J Merchant Ors. v. Shrinath Chaturvedi, [2002] 6 SCC 635, Indian Medical Association v. V.P. Shantha and Ors., [1995] 6 SCC 651 and Amar Jwala Paper Mills (India) and Am. v. State Bank of India, [1998] 8 SCC 387 that the approach adopted by NCDRC does not deserve to be countenanced. Shri P. Chadambaram, the learned senior counsel for the respondent-Bank has supported the impugned order placing reliance on Synco Industries v. State Bank of Bikaner Jaipur and Ors., [2002] 2 SCC 1. It cannot be denied that fora at the National Level, the State level and at the District level have been constituted under the Act with the avowed object of providing summary and speedy remedy in conformity with the principles of natural justice, taking care ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailable under the Act are in addition to, and not in derogation of the provisions of any other law for the time being in force and the jurisdiction of the conventional courts over such matters as are now cognizable under the Act has not been taken away. A three-Judge Bench of this Court recently in Dr. J.J.Merchant Ors. 's case (supra) specifically dealt with the issue as to the guidelines which would determine the matter being appropriately dealt with by a forum under the Act or being left to be heard and decided by Civil Court. This Court noticed that the fora under the Act are specifically empowered to follow such procedure which may not require more time or delay the proceedings. A forum under the Act is entitled, and would be jus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o approach the Civil Court because this Court agreed with the opinion formed by the Commission that very detailed evidence would have to be led, both to prove the claim and thereafter to prove the damages and expenses . The Court concluded that in any event it was not appropriate case to be heard and disposed of in a summary fashion. In Amar Jwala Paper Mills (India) and Anr. 's case (supra) this Court set aside the order of NCDRC relegating a complainant to a Civil Court in spite of the complexity of the matter because the hearing had almost concluded before the Commission. In Dr. J.J. Merchant Ors. 's case (supra) this Court dealing with the contention that complicated questions of facts cannot be decided in summary pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
