caselaws.org

Supreme Court of India
L And T Finance Ltd. vs Pramod Kumar Rana on 25 November, 2021Author: M.R. Shah

Bench: M.R. Shah, Sanjiv Khanna

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 5894-5895 OF 2021

L & T Finance Ltd. …Appellant(s)

Versus

Pramod Kumar Rana & Anr. …Respondent(s)

JUDGMENT

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned orders dated

26.08.2021, 03.09.2021 and the subsequent order dated 16.09.2021

passed by the National Consumer Disputes Redressal Commission

(hereinafter referred to as “National Commission”) passed in Consumer

Complaint No.1653 of 2018, the original opposite party No.2 – L & T

Finance Ltd. has preferred the present appeals.

2. Facts leading to the present appeals in a nutshell are as under:-

Signature Not Verified

Digitally signed by R
Natarajan
2.1
Date: 2021.11.25
17:32:02 IST
That one complaint being Consumer Complaint No.1653 of 2018
Reason:

filed by the respondent No.1 Pramod Kumar Rana is pending before the

1
National Commission. The aforesaid complaint came up for hearing

before the National Commission on 12.08.2021. Learned counsel for the

original opposite party No.1 – M/s. Paramount Villas Pvt. Ltd. & Anr.

made a submission on the instructions that the matter has been settled

between the parties. Learned counsel for the complainant requested for

an adjournment to seek instructions in this respect. The matter was

adjourned to 26.08.2021.

2.2 The complaint was taken up for further hearing on 26.08.2021.

Learned counsel appearing for the original opposite party No.1 again

submitted on instructions that the matter has been settled between the

parties. However, the complainant, who appeared in person, made a

grievance that he has been pressurised/forced by the representatives of

the two opposite parties to sign on blank papers and visits threatening

him were made to his residence by the representatives to force him into

a “settlement” which according to him is neither amicable nor voluntary

and nor equitable. The National Commission by order dated 26.08.2021

directed Shri Mukesh Aggarwal, Director of the original opposite party

No.1 company and one Shri Dinanath Mohandas Dubhashi, Director of

original opposite party No.2 company to appear in person, either in

physical hearing or through video conferencing with counsel on the next

date of hearing to explain the situation and clarify their position with

2
regard to the allegations made by the complainant. The matter was

adjourned to 03.09.2021.

2.3 On 03.09.2021, the said Shri Mukesh Aggarwal, Director of the

original opposite party No.1 appeared through video conferencing. On

behalf of original opposite party No.2, the authorised representatives and

their counsel appeared before the National Commission. However, Shri

Dinanath Mohandas Dubhashi, Director of the original opposite party

No.2, who was required to appear as per previous order dated

26.08.2021, did not appear. It was submitted on his behalf that an

application seeking exemption for his personal appearance had been

moved, which was pending in the Registry. The National Commission

directed to list the case again on 16.09.2021 and directed that on that

date, both Shri Mukesh Aggarwal and Shri Dinanath Mohandas

Dubhashi shall also appear either personally or through video

conferencing.

2.4 That on 16.09.2021, Shri Mukesh Aggarwal, Director of the original

opposite party No.1 remained present. However, again Shri Dinanath

Mohandas Dubhashi did not remain present. It was pointed out that

against the order dated 26.08.2021, a review application was filed, which

is pending. As Shri Dinanath Mohandas Dubhashi, Director of the

original opposite party No.2 company did not remain present, by order

3
dated 16.09.2021, the National Commission directed to issue bailable

warrants against Shri Dinanath Mohandas Dubhashi, Director of the

original opposite party No.2 company and directed that Shri Dinanath

Mohandas Dubhashi be produced in person before the National

Commission on 18.10.2021. Feeling aggrieved and dissatisfied with the

impugned orders dated 26.08.2021, 03.09.2021 and 16.09.2021, the

original opposite party No.2 – L& T Finance Ltd. has preferred the

present appeals.

3. Though served nobody has remained present on behalf of the

respondent No.1 – original complainant.

4. We have heard Ms. Ruchi Kohli, learned Advocate appearing on

behalf of appellant – original opposite party No.2 company.

5. Having gone through and perused the impugned orders passed by

the National Commission, it appears that in view of the allegations made

by the original complainant recorded in the order dated 26.08.2021 that

“he has been forced by the representatives of the two opposite parties to

sign on blank papers and threatening visits were made to his residence

by the representatives to force him into a settlement”, the impugned

orders have been passed by the National Commission by observing as

under in the order dated 26.08.2021:-

4
“The allegations, as have been made by the complainant,
are of serious nature and may have grave implications.
This Commission is a lawfully created tribunal in order to
adjudicate upon the issues relating to consumer disputes
and arrive at just conclusions. Anybody and everybody
who feels aggrieved and for whom redress may be
provided under the Act can approach this Commission
invoking its jurisdiction as provided by law. Free access
and unfettered right to approach, as permissible by law, is
inbuilt in the system where rule of law prevails. Any
attempt to impede such a course, not to speak of
exercising coercion against anybody, cannot be rightly
taken or be countenanced with. The matter requires
explanation forthwith.”

5.1 As, on the subsequent dates, Shri Dinanath Mohandas Dubhashi,

the Director of the original opposite party No.2 company did not remain

present, subsequent orders have been passed dated 03.09.2021 and

16.09.2021 and by the order dated 16.09.2021, bailable warrants have

been issued against him by further directing that he may be produced

before the National Commission on 18.10.2021. However, it is required

to be noted that all throughout the representatives of original opposite

party No.2 company and their counsel remained present before the

National Commission. It is true that if the allegations made by the

original complainant recorded in the order dated 26.08.2021 “to

pressurize him and giving threats to enter into settlement” are found to

be true, the same are very serious and can be said to be interfering in

the administration of justice. However, at the same time, the allegations

are yet to be considered in detail by the National Commission after
5
giving an opportunity to the opposite parties. The opposite parties are

represented through their counsel and even through their authorised

representatives, who remained present before the National Commission.

It is also required to be noted that even as per the allegations made by

the complainant recorded in the order dated 26.08.2021, the

representatives of the opposite companies gave threats and forced him

to enter into settlement and there were no specific allegations against

the Director of original opposite party No.2 – Shri Dinanath Mohandas

Dubhashi. Be that it may, even the review application against the order

dated 26.08.2021 is pending before the Tribunal. Therefore, in the facts

and circumstances of the case, issuance of the bailable warrants against

Shri Dinanath Mohandas Dubhashi, the Director of original opposite

party No.2 was not warranted at this stage. Bailable warrants are to be

issued as a last resort and only in a case where it is found that the

opponent parties are not cooperating at all and that they are avoiding

appearance before the National Commission deliberately and/or they are

not represented at all either through their authorised representative or

through their counsel. In the present case, the allegations made by the

original complainant recorded in the order dated 26.08.2021 are yet to

be considered in detail by the National Commission after giving

opportunity to both the opposite parties. The opposite parties are

represented through their counsel and the authorised representatives

and even the Director of the original opposite party No.1 company has
6
always remained present in person before the National Commission

through video conferencing as directed. Therefore, issuance of bailable

warrants and the directions issued by the National Commission directing

Shri Dinanath Mohandas Dubhashi, Director of original opposite party

No.2 company to be produced, was not warranted at all at this stage. If

at all subsequently, it is found that anybody has tried to pressurize the

original complainant and pressurized him to enter into settlement and

any threatening visits were made to the residence of the original

complainant, further order can be passed by the National Commission.

It cannot be disputed that free access and unfettered right to

approach/justice, as permissible by law, is inbuilt in our judicial system

where rule of law prevails. Any attempt to impede or obstruct the course

of justice, not to speak of exercising any coercion against anybody, who

is before the court or authority in order to seek justice, cannot be lightly

taken or be countenanced with. However, at the same time, the case of

the complainant is yet to be adjudicated upon and/or established and

proved and the opportunities are to be given to the opposite parties. It is

to be noted that as such, appellant has been appearing through their

counsel and their authorised representatives and even Shri Mukesh

Aggarwal, Director of original opposite party No.1 has remained present

in person either through physical mode or though video conferencing.

7
6. In view of the above and for the reasons stated above, the orders

dated 26.08.2021 and 03.09.2021 directing Shri Dinanath Mohandas

Dubhashi, Director of the appellant company to personally remain

present through physical mode or through video conferencing and the

subsequent order dated 16.09.2021 issuing bailable warrants against

him are quashed and set aside. However, as observed hereinabove, it

will be open for the National Commission to pass further order after

giving opportunity to both the opposite parties to represent their case on

the allegations made by the original complainant recorded in the order

dated 26.08.2021. At this stage, the appellant herein – original opposite

party No.2 be permitted to be represented through his authorised

representatives and through his counsel. However, it will be open for the

National Commission to require the presence of Shri Dinanath

Mohandas Dubhashi, Director of the appellant company, if required, in

future. It is reported that a review application to review or recall the

order dated 26.08.2021 is pending before the National Commission.

Therefore, now, the same may be heard, decided and disposed of by the

National Commission in accordance with law and on merits without

being in any way influenced by any of the observations made in the

present order. It is also made clear that we have not expressed anything

in favour of either of the parties on the allegations made by the original

complainant recorded in the order dated 26.08.2021.

8
Present appeals are allowed to the aforesaid extent only.

However, in the facts and circumstances of the case, there shall be no

order as to costs. Pending applications, if any, also stand disposed of.

………………………………….J. [M.R. SHAH]

NEW DELHI; ………………………………….J.
NOVEMBER 25, 2021. [B.V. NAGARATHNA]

9

Comments

Leave a Reply

Sign In

Register

Reset Password

Please enter your username or email address, you will receive a link to create a new password via email.