Why there is no proof of evidence stage in consumer cases?

[V S]

In a consumer court, complaint is filed with certified copies of original documents. In my district forum, I have atleast not seen proof of evidence stage in a consumer case trial. Why is it so? Does a consumer court summarily try a consumer case unless a concerned legal counsel explicitly ask for proof of evidence? Please, do elaborate.

[Dr. Ashok Dhamija]

The procedure to deal with a complaint filed under the Consumer Protection Act, 1986 (recently, a new Consumer Protection Act has been passed in 2019) is given mainly under Section 13 of the said Act. So, the procedure to be followed in a consumer case will mainly be as laid down in this section, and also under the relevant rules made under this Act.

In the case of Malay Kumar Ganguly v. Sukumar Mukherjee, (2009) 9 SCC 221, the Supreme Court has clearly held that:

“Apart from the procedures laid down in Sections 12 and 13 as also the Rules made under the Act [Consumer Protection Act], the Commission is not bound by any other prescribed procedure. The provisions of the Evidence Act are not applicable. The Commission is merely to comply with the principles of natural justice, save and except the ones laid down under sub-section (4) of Section 13 of the 1986 Act. The proceedings before the National Commission are although judicial proceedings, but at the same time it is not a civil court within the meaning of the provisions of the Code of Civil Procedure. It may have all the trappings of the civil court but yet it cannot be called a civil court.”

Thus, though a consumer court has been given certain powers of a civil court under Section 13(4) of the Act, and proceedings before it are judicial proceedings, yet the provisions of the Evidence Act are not applicable to a consumer case and only the principles of natural justice, save and except the ones laid down under sub-section (4) of Section 13 of the 1986 Act, have to be complied with.

Section 13(4) of the Consumer Protection Act is as under:

“(4) For the purposes of this section, the District Forum shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:—

(i) the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath;

(ii) the discovery and production of any document or other material object producible as evidence;

(iii) the reception of evidence on affidavits;

(iv) the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source;

(v) issuing of any commission for the examination of any witness; and

(vi) any other matter which may be prescribed.”

The consumer courts have been set up with a speedy and simple mechanism to provide for redressal of consumer disputes in simple and expeditious manner. In view of this object, simple rules have been laid down for the procedure to be followed by the consumer courts.

In fact, in the case of V. Krishan Rao v. Nikhil Super Speciality Hospital, (2010) 5 SCC 513, the Supreme Court observed that in complicated civil cases requiring expert evidence, parties are also free to approach civil court instead of Consumer Forum.

In the case of Pannalal v. Bank of India, (1992) 1 CPR 34 (NC), the NCDRC has also held that where the complainant's case involves a determination of complex questions of law and fact which cannot be satisfactorily determined by the Consumer Forum in the time frame provided under the Act it would be better for the complainant to seek redress of his grievances in a civil court.

Likewise, in Industrial Products, Karnal v. Punjab National Bank, (1992) 1 CPR 70 (NC) also, it was observed that the Consumer Protection Act does not contemplate the determination of complicated issues of fact involving taking of elaborate oral evidence and adducing of voluminous documentary evidence and a detailed scrutiny and assessment of such evidence by the Consumer Redressal Forums.

So, if a consumer feels that he needs a detailed and complicated examination of evidence, he may go to the regular civil court instead of approaching the consumer court. But, in most cases, the procedure laid down in the Consumer Protection Act is sufficient for hearing the complaint and deciding it.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[V S]

Sir, if Indian Evidence Act does not apply to Consumer Court proceeding, how is a given piece of documentary evidence is proved in the absence of original documents? Complainant usually attaches copies of original documents with the complaint. In such case, how shall a consumer court verify a given zerox copy of a documentary evidence? Documents submitted along with the complaint may be a fake one or a forged one or a tampered one. CPA, 1986 authorises or empowers a consumer authority to make a criminal complaint under relevant sections of IPC and CrPC against a complainant or an opposite party if he/she commits an offence of perjury or felony. If a complainant/respondent has to seek opinion of a forensic expert as to authencity of documentary evidence submitted by either party, how shall it be achieved? If Indian Evidence Act is not applicable, how shall cross-examination be done on a witness? How shall the principle of natural justice be upheld then?
Sir, are you saying that whenever a complainant/respondent has a doubt as to authenticity of documents (issue of a fact), should he approach a civil court instead?? Are you saying that consumer court proceedings are to be summarily and expediously conducted only when both the parties have no issues with the copies of documentary evidences submitted by them?

Please, do clear this air of confusion.

[Author]

Posts