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State Consumer Disputes Redressal Commission, West Bengal sets aside premature dismissal of a medical negligence complaint based solely on an expert report obtained at the admission stage. The Commission emphasized that expert evaluations cannot preemptively determine complaint admissibility under the Consumer Protection Act 2019, ensuring complainants' access to justice.
The Siliguri State Consumer Commission ruled that complaints alleging structural defects in residential construction cannot be summarily dismissed at the admission stage merely on speculative grounds about commercial intent. This sets a vital precedent ensuring consumers get a fair hearing when alleging deficiency in service, reinforcing procedural fairness under the Consumer Protection Act, 2019.
The West Bengal State Consumer Commission ruled that banks cannot dismiss fraud complaints at the admission stage merely for lack of an FIR, as this violates the Consumer Protection Act's mandate to address deficiency in service. The Commission remanded the case for a full hearing, emphasizing that procedural hurdles cannot override substantive consumer rights, especially in financial fraud cases.