Supreme Court of India · 2015-03-24
QAMAR JAHAR vs NISAR AHMAD TYAGI .
- Citation / case number
- SC 2010/38666
- Court
- Supreme Court of India
- Petitioner
- QAMAR JAHAR
- Respondent
- NISAR AHMAD TYAGI .
Judgment text excerpt
The Supreme Court held that under Section 23 of the Consumer Protection Act, 1986, the National Commission erred in dismissing the complaint for want of evidence without allowing the appellants an opportunity to file a rejoinder and affidavits. The Court established that the right to file rejoinder and evidence must be preserved until pleadings are complete, and the dismissal was premature. Consequently, the Court set aside the National Commission's orders dated 26.07.2010 and 29.10.2010, allowing the appellants to present their case.