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Preliminary objections are decided along with merits under CP Act: commission

BY JATIN RAMAIYA

M/s ARM Engineers through its partner Anilrao had approached the Goa State Consumer Disputes Redressal Commission against the dismissal of his preliminary objection against the complaint by the members of South Goa Consumer Forum.It was observed by the members of South Goa District Forum that the complaint filed was not time barred. The State Commission whilst allowing the appeal relied upon its own judgment held in the case IndusInd Bank Ltd wherein the commission observed:    “We do not understand why the District Forum chose to decide the said issue of jurisdiction as a preliminary issue. This commission in order dated November 30, 2012 in CC No 09/12 in the case of Micheal Rodrigues and others vs Dr Shantaram N Surme and others has held that, ‘It is by now well settled that a complaint under the C P Act is by way of summary proceedings. It is an additional remedy provided which is expected to be more expeditious and less expensive. Procedure provided by C P Act is simple, short and summary, and if that be so, there can be no stage in such summary proceeding to decide certain objections as preliminary. All objections need to be decided at one go, so to say. We cannot contemplate a stage like Order XIV, Rule 2, C P C in summary proceedings. Deciding certain objections as preliminary in proceedings which are to be summary, would amount to defeating the mandate given by subsection 3(A) of Section 13 of C.P. Act, 1986 and Regulation 26(1) of the C P Regulations, 2005.’”

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