Supreme Court of India
M/s Anjaneya Jewellery v. New India Assurance Co.ltd. & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the foregoing discussion, we allow the appeal, set aside the impugned order, admit the appellant’s complaint under Section 13 of the Act and grant one month’s time to the respondents to file their reply to the complaint to enable the Commission to decide the complaint on its merits in accordance with law uninfluenced by any observations made in the impugned order as also in this order.
Judgment, page 3
From the headnote
Consumer Protection Act, 1986: s.13 – Dismissal of complaint in limine by the Nati onal Commission – Justification – Held: Although Commissio n has the jurisdiction to dismiss the complaint in limine and decline its admission without notice to the opposite party, how ever, such jurisdiction to dismiss the complaint in limine has to be exe rcised by the Commission having regard to facts of each case, i.e., in appropriate case – In the instant case, the facts do n ot deserve the dismissal of the appellant’s complaint in limine and, therefore, the impugned order is set aside – Appellant’s
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