Sona K Sagar vs Harsoliya Brothers

This revision has been filed under section 21(b) of the Act 1986 in challenge to the Order dated 01.02.2022 of the State Commission in appeal no. 226 of 2021 arising out of the Order dated 07.01.2021 of the District Commission in complaint no. 1262 of 2019.

No one appears for either side.

We have perused the record including inter alia the Order dated 07.01.2021 of the District Commission, the impugned Order dated 01.02.2022 of the State Commission and the petition.

As evinces  from a scrutiny of the material on record the petitioner (the ‘complainant’) had given her car to the respondent (the ‘garage’) for repairs. A dispute arose between the two.

The complainant made a complaint with the District Commission alleging ‘deficiency in service’ and ‘unfair trade practice’ on the part of the garage. She prayed for compensation of Rs.5 lakh with costs of Rs.20 thousand and also asked for interim relief of possession of her car being handed over to her in running condition. The District Commission vide its Order dated 07.01.2021  dismissed the complaint with cost of Rs.35 hundred. It also ordered that the complainant shall pay parking charges to the garage at the rate of Rs. 1 hundred per day from 07.06.2018 till removal of her car in the present unworkable condition from the garage.

The complainant appealed before the State Commission. The State Commission vide its interlocutory Order dated 16.03.2021 stayed the operation of the District Commission’s Order subject to deposit of 50% of the awarded amount. On the deposit not being made within the stipulated period the State Commission vide its interlocutory Order dated 01.02.2022, which is under challenge herein, did not extend the interim protection and vacated the conditional stay earlier granted.

Meanwhile execution application no. 4/20 was also made before the District Commission by the garage, in which bailable warrant was issued against the complainant.

We note that the District Commission’s award has two distinct facets. One relates to the substance of the complainant, in respect of which it has found the same to be without merit and dismissed it with cost of Rs.35 hundred. The second relates to ordering the complainant to pay parking charges at the rate of Rs. 1 hundred per day to the garage.

While dismissing the complaint, relief has been provided to the opposite party.

Obviously relief against her own self was not asked for by the complainant. It was not the opposite party’s plaint. The garage was not ‘consumer’ under the Act 1986.

Section 26 of the Act 1986 allows for frivolous or vexatious complaints to be dismissed with cost not exceeding Rs. 10 thousand. Section 14 provides inter alia for awarding compensation to the complainant and making directions against the opposite party.  No where does the Act provide that the opposite party may be awarded any amount as damages etc., nor is this normal civil jurisprudence.

If the District Commission had found the complaint to be frivolous or vexatious it could have dismissed the same with justified cost. But it could not have concomitantly awarded damages to the opposite party. At best it could have made an observation that the right of the opposite party to separately bring action as per the law against the complainant in the competent civil court for an alleged civil wrong on the part of the complainant would remain intact.

Clearly the District Commission has exercised jurisdiction not vested in it by law and has acted with material irregularity.

As such the award made by the District Commission to the extent that it orders for damages in the form of parking charges from the complainant to the garage must stand expunged.

As a sequel the execution application no. 4//20 filed by the garage before the District Commission becomes infructuous and shall stand dismissed.

The portion of the award which now survives is apropos the dismissal of the complaint with cost of Rs.35 hundred.

The complainant’s appeal before the State Commission shall stand confined to the merits in the complainant’s case per se i.e. whether or not the allegations of ‘deficiency in service’ and ‘unfair trade practice’ against the garage are made out; if so the amount of just and equitable compensation commensurate with the loss or injury suffered under section 14 of the Act 1986, and if not whether the complaint was frivolous or vexatious as may necessitate imposition of cost under section 26.

In the appeal pending before the State Commission, in a case of such nature asking for deposit of 50% of the awarded amount as condition attached with the grant of stay was not at all justified or warranted or judicious.

As such the State Commissions’ interlocutory Order dated 01.02.2022 is modified as follows: The District Commission’s award to the extent that it now survives i.e. relating to the cost of Rs.35 hundred imposed on the complainant shall remained stayed till the disposal of the appeal.

Damages to the opposite party garage were awarded by exercising a jurisdiction not vested by law. Though the complainant’s appeal was pending, execution was pressed by the garage. Even bailable warrant was issued against the complainant, which is only in penal proceedings under section 27 of the Act 1986 (corresponding section 72 of the Act 2019) which provides for punishment with imprisonment upto 03 years or fine upto Rs. 10 thousand or both. All this was nothing but miscarriage of justice being perpetuated. Our present order has, hence, been passed on scrutiny of the record without adjourning for either party to appear so that the crude material irregularity is forthwith obliterated and ‘conscionable justice within the peremeters of law’ is met with expeditiously.

The Registry is requested to send a copy each of this Order to the parties in the petition as well as to their learned counsel immediately. It is also requested to send a copy each of this Order to the District Commission and to the State Commission by the fastest mode available. The stenographer is requested to upload this Order on the website of this Commission immediately.