The Supreme Court in a recent judgment of CIVIL APPEAL NO(S). 7966 OF 2022, reiterated the fundamental principle of natural justice, emphasizing the right to a fair hearing and the opportunity to present a defense.
The dispute arose when he insurer-respondent repudiated the appellant’s claim for indemnification following a fire loss at the insured premises. The surveyor’s report alleged fraudulent claims based on fabricated documents, leading to the rejection of the appellant’s claim. Despite multiple representations and complaints, the appellant’s grievances remained unresolved, prompting the filing of the subject complaint.
The primary issue revolved around the maintainability of the complaint before the NCDRC. The respondent contended that the appellant, a commercial entity, could not invoke the jurisdiction of the National Commission for alleged deficiency in service. Additionally, the definition of ‘person’ under the Consumer Protection Act, 1986, was challenged.
In a comprehensive analysis, the NCDC emphasized the inclusive nature of the term ‘person’ under the Act, advocating a liberal interpretation to uphold consumer rights, the Commission underscored the need for a fair and just adjudication process. The Court set aside the previous order and remitted the matter for fresh consideration, emphasizing the importance of providing adequate opportunities for rebuttal and due process.
The Court reiterated the fundamental principle of natural justice, emphasizing the right to a fair hearing and the opportunity to present a defense. The case underscored the significance of procedural fairness and the need for thorough examination of evidence before reaching a conclusive decision.
CASE NAME:
M/S. KOZYFLEX MATTRESSES PRIVATE LIMITED v. SBI GENERAL INSURANCE COMPANY LIMITED AND ANR. CIVIL APPEAL NO(S). 7966 OF 2022 (2024 INSC 234)
NAME: Sreenishanka Vadiraj, 6th sem, BBA-LLB(Hons.)PES University, Bangalore, Intern under Legal Vidhiya.
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