A bench of Justices Ajay Rastogi and Bela M Trivedi reiterated that consumer fora are not entitled to decide complaints involving highly disputed questions of facts or cases involving tortious acts or criminality like fraud or cheating.

The Supreme Court held that proceedings before consumer fora are summary in nature and they can decide on 'deficiency in service'.

The Court held that "the proceedings before the Commission being summary in nature, the complaints involving highly disputed questions of facts or the cases involving tortious acts or criminality like fraud or cheating, could not be decided by the Forum/Commission under the said Act. The “deficiency in service”, as well settled, has to be distinguished from the criminal acts or tortious acts," the Court said.

The court also held that under the Consumer Protection Act, the onus to prove deficiency of service is on the complainant and there cannot be any presumption on part of fora towards existence of such deficiencies, the Court underlined.

Case Details:-
CIVIL APPEAL NO. 7289 OF 2009
THE CHAIRMAN & MANAGING DIRECTOR,
CITY UNION BANK LTD. & ANR. .....APPELLANTS
VERSUS
R. CHANDRAMOHAN .....RESPONDENT

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Appearances of the Advocates:-

For Appellant(s) 
Mr. K. K. Mani, AOR
 Ms. T.archana, Adv.
 Mr. Rajeev Gupta, Adv.
 Mr. Vinay Rajput, Adv.

For Respondent(s) 
Mr. Krishan Kumar, AOR
Mr. Nitin Pal, Adv.
Ms. Muskan Jain, Adv.
Mr. Dheeraj Kumar, Adv.