Lawstreet Journal

NCDRC Should Not Return Complaint Unadjudicated For Misjoinder Of Parties : Supreme Court

Lawstreet Journal 26 Feb 2022 4:22am

Image courtesy: Lawstreet Journal Judiciary NCDRC Should Not Return Complaint Unadjudicated For Misjoinder Of Parties : Supreme Court

The Supreme Court recently in the case Brahmaputra Biochem Private Ltd v New India Assurance Company & Anr set aside an order of the National Consumer Disputes Redressal Commission which returned a complaint unadjudicated due to misjoinder of parties.

Terming the approach of the NCDRC "erroneous", the Supreme Court observed that the if there was misjoinder of parties, the unnecessary parties should be deleted, instead of returning the complaint. 

A bench comprising Justice Hemant Gupta and Justice V Ramasubramanian observed that the complaint cannot be returned unadjudicated with liberty to file fresh complaint as the issue of limitation will also arise.

"We find that the approach of the NCDRC is erroneous as if the NCDRC was of the opinion that the Surveyor was an unnecessary party or the pleadings are contradictory, it should have struck down the said party. The striking of surveyor from the array of parties would not make the complaint disjoined, as it was duty of the NCDRC to strike of an unnecessary party.

The complaint cannot be returned unadjudicated with liberty to file fresh complaint. The complaint can be filed within the period of limitation. Once the period of limitation has expired, the appellant cannot file the second complaint".

The Bench has therefore set aside the order passed by the NCDRC dated 27.09.2021 and remitted the matter for fresh decision in accordance with law.

The issue was relating to a complaint against an insurance company. The NCDRC took objection to the complainant adding the insurance surveyor also… Continue Reading...


Tagged: NCDRC  
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