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2002 INSC 24
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Neutral Citations
2002 INSC 24
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Smart Summary

Factual and Procedural Background

The appellant approached the National Consumer Disputes Redressal Commission alleging deficiency of service by the first respondent bank, contending that the bank had unjustifiably frozen previously sanctioned working facilities without prior notice. The appellant sought: (i) a funding package to restart its oil division, (ii) waiver of interest, (iii) damages amounting to ₹15 crore, and (iv) an additional ₹60 lakh to cover travel and other expenses incurred while pursuing the matter.

The National Commission dismissed the complaint, holding that the dispute over a bank’s decision to reduce or withdraw loan facilities was not appropriately triable under the Consumer Protection Act and granted liberty to the appellant to pursue relief in a civil court or other forum. The appellant filed the present civil appeal against that dismissal, which was referred to a three-judge bench because the question was considered significant.

Legal Issues Presented

  1. Whether a dispute concerning a bank’s withdrawal or reduction of loan facilities—accompanied by a substantial damages claim—constitutes a consumer dispute maintainable before a consumer forum under the Consumer Protection Act, 1986.
  2. Whether the National Commission erred in relegating the appellant to seek relief before a civil court instead of adjudicating the matter itself.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Court emphasized that the appellant’s claim—particularly the demand for ₹15 crore in damages and ₹60 lakh for incidental expenses—would require “very detailed evidence” to establish both liability and quantum. Such an extensive evidentiary exercise, the Court noted, is unsuitable for the summary procedure envisaged for consumer fora. It observed that the complaint appeared to have been filed in the consumer forum to avoid the payment of court fees that would be payable in a civil court for a high-value suit, characterizing the move as an “abuse of the process of the consumer forum.”

Consequently, the Court agreed with the National Commission’s view that the matter should be adjudicated by a civil court and affirmed the Commission’s order granting liberty to the appellant to pursue that remedy.

Holding and Implications

The civil appeal is dismissed, with costs awarded to the first respondent.

Immediate Effect: The appellant’s complaint will not be entertained by the consumer forum; any further relief must be sought in a civil court. Broader Implication: While not establishing new precedent, the decision underscores that claims involving extensive evidence and large monetary damages—particularly against banks regarding loan facilities—are better suited to civil courts rather than the summary jurisdiction of consumer fora.

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    Synco Industries v. State Bank Of Bikaner & Jaipur And Others

    Order

    1. The present appellants moved the National Consumer Disputes Redressal Commission alleging that the respondents had been guilty of deficiency in service in that they had, without good reason, frozen the sanctioned working facilities of the appellant without prior intimation. In this behalf, the appellant sought a direction to the first respondent to prepare a funding package to restart the appellant's oil division and to grant waiver of interest, damages in the sum of rupees fifteen crores and an additional sum of rupees sixty lakhs to cover cost of travelling, man days lost and other expenses incurred by the appellant in pursuing the matter with the respondents. The National Consumer Disputes Redressal Commission dismissed the complaint saying:

    “The complaint is against the Bank, whether the Bank is entitled to reduce the loan facilities or not. We do not consider it to be a fit case to be tried under the Consumer Protection Act. The original petition is dismissed. However, the complainant is at liberty to go (to) the civil court or any other forum, if so advised.”

    2. Against this order of dismissal of the complaint, the appellant has filed this appeal and it has been referred to a Bench of three Judges because it was felt that the question raised was one of importance.

    3. Given the nature of the claim in the complaint and the prayer for damages in the sum of rupees fifteen crores and for an additional sum of rupees sixty lakhs for covering the cost of travelling and other expenses incurred by the appellant, it is obvious that very detailed evidence would have to be led, both to prove the claim and thereafter to prove the damages and expenses. It is, therefore, in any event, not an appropriate case to be heard and disposed of in a summary fashion. The National Commission was right in giving to the appellant liberty to move the civil court. This is an appropriate claim for a civil court to decide and, obviously, was not filed before a civil court to start with because, before the consumer forum, any figure in damages can be claimed without having to pay the court fees. This, in that sense, is an abuse of the process of the consumer forum.

    4. The civil appeal is dismissed, with costs in favour of the first respondent.

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    Synco Industries v. State Bank Of Bikaner & Jaipur And Others
    (Jan 15, 2002)