which it was bona fide prosecuting the remedy before a
33
wrong forum. Learned counsel submitted, that a liberal
approach is required to be given
under Section 14 is available, only after the proceedings
before the wrong forum terminate?
58. For the sake of convenience, and to avoid prolixity ... bona fide prosecution of proceedings
with due diligence in a wrong forum. Distinguishing the earlier
judgment of this Court in Union of India v. Popular
offences merely because a final report has been
forwarded to a wrong forum.
3.1. It is submitted that unlike the old Code, Section ... that even otherwise the irregularity of sending
a final report to a wrong Court can be said to be merely an
irregularity which does
Consumer
Protection Act ’) before the District Consumer Disputes Redressal
Forum, Shimla (‘District Forum’), alleging deficiency in service on
part of the Insurance Company and claiming ... accidental, however, the State Commission and the
District Forum considered the issue on the wrong premise that in
case the death was accidental, the Insurance
time or in another forum against any of
these Respondents based in tort, fraud, abusive conduct, or
any other wrongful conduct under
liabilities but seldom provided forums for
remedies. The result was that any person
having a grievance that he had been
wronged or his right ... citizens, should be complete codes by
themselves. With that object in view,
forums were created under the Acts
themselves where grievances could be
entertained
bills raised during a
particular period of time, the multiply factor was wrongly mentioned,
cannot tantamount to deficiency in service. If a licensee discovers ... even before going into the question of Section 56(2) , the
consumer forum is obliged to find out at the threshold whether there
account of
time lost in prosecuting proceedings in judicial or quasi-
judicial forum and for no fault of the petitioner. A plaintiff
or petitioner having ... same position in which he would
have been if the wrong complained against would not
have been done to him...”
Reference in this regard
M/S Neeharika, Infrastructure Pvt. ... vs The State Of Maharashtra on 13 April, 2021
Equivalent
Ghanashyam Mishra And Sons Private ... vs Edelweiss Asset Reconstruction ... on 13 April, 2021
Equivalent citations
