How the courts make law

(1)

It is well settled law that –

“Requirement of leading detailed evidence could not be a ground to shut the doors of any forum created under the Act like the Consumer Protection Act.” 

CCI Chambers Coop. Hsg. Society Ltd. vs. Development Credit Bank Ltd. 

(2003) 7 SCC 233  

(2)

“We find that the approach of the NCDRC is erroneous as If the NCDRC is of the opinion that the Surveyor was an unnecessary party or the pleadings are contradictory, it should have struck down the said party. The striking of surveyor from the array of parties would not make the complaint disjoined, as it was duty of the NCDRC to strike of an unnecessary party.” 

Said Supreme Court

As a part of principles of natural justice, if there are allegations against the Surveyor and the loss assessor, an opportunity should have been given to such person to rebut the allegations.”

Bharmaputra Biochem Private Limited Versus New India Assurance Company & Anr SC

Civil Appeal No. 6943 Of 2021

February 21, 2022

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