SANTOKH SINGH vs PUNJAB FINANCE CORPORATION

IT''s an appeal against the order dated 25.2.2002 of the District Consumer Disputes Redressal Forum, Ferozepur (hereinafter called the District Forum).

APPELLANT-complainant''s complaint was dismissed by the District Forum by observing as under : "16. The complainant has levelled allegations regarding fabrication and manipulation of documents. The dispute of present nature requires taking of elaborate oral evidence and adducing of voluminous documentary evidence and a detailed scrutiny and assessment thereof. The Forums constituted under the Consumer Protection Act, 1986 are vested with the power to examine the witness on oath and to production of documents. Such power is to be exercised by the Forum in the cases where the issues involved are simple such as to defective quality of any goods purchased or any shortcoming or inadequacy in the quality and manner of performance of the service. The issues raised by the complainant cannot be determined without taking elaborate oral and documentary evidence which cannot be satisfactorily adjudicated in summary proceedings under the Consumer Protection Act, 1986. This Forum has no jurisdiction to decide such like matters and the present complaint is not maintainable. Accordingly, this complaint is hereby dismissed on this ground alone without going into the merits of this case. No order as to costs. However, the complainant is at liberty to approach the Civil Court for Redressal of the present dispute." It has been admitted before us by the Counsel for the appellant-complainant that allegations regarding fabrication and manipulation of documents were made by the appellant-complainant in his complaint before the District Forum and those documents were necessary for decision of the case.

In these circumstances, we do not find any flaw in the order of the District Forum when allegations of fabrication and manipulation of documents have been made then necessarily elaborate evidence is needed to be produced by both the parties to prove the authenticity or otherwise of the documents on the record. The appellant-complainant was rightly relegated to the alternate remedy of approaching the Civil Court for the redressal of his grievances, if any. This appeal is, thus, dismissed in limine. Appeal dismissed.