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1 - 4 of 4 (0.25 seconds)Shiv Kumar Agarwal vs Arun Tondon And Anr. on 19 March, 2007
There
were some other allegations with regard to delay in disbursing the
loan amount at various stages to the complainant as enumerated in
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FIRST APPEAL NO. 706 OF 2012
the complaint. When entire evidence has come on the record then it
was not appropriate for the District Forum to ask the complainant to
seek his remedy before the appropriate Court of Law. The Presiding
Officers of the District Forum are mostly retired District Judges having
sufficient experience at their back and they are in a position to decide
these type of cases. The Hon'ble National Commission in "Shiv
Kumar Agarwal versus Arun Tandon and another", 2007(2) CLT
287 held in this regard. In that case - plea that case involves
complicated questions of act and law and will need expert evidence,
which is not possible in the summary proceedings adopted by the
Consumer Fora repelled - Consumer Forum which is headed by
Senior Judicial Officers, are capable of dealing with even complex
questions. When both the parties have completed their evidence then
it is not proper to relegate the matter to the Civil Court and the District
Forum should have decided the matter. In view of that it was not
appropriate on the part of the District Forum to relegate the parties to
appropriate Court instead of deciding the complaint.
The Consumer Protection Act, 1986
The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002
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