M.R.F. LTD.versusJAGDISH LAL AND ANR.

                                M.R.F. LTD.                                   A
                                      v.
                         JAGDISH LAL AND ANR.

                                MAY 5, 1999

             [DR. A.S. ANAND, CJ., S.B. MAJMUDAR AND                          B
                      M. JAGANNADHA RAO, JJ.]


        Consumer Protection Act, 1986 : Section 13(l)(c)

      Consumer Protection-District Forum.:.._Defect in goods-Determination C
of-Analysis or test of the goods- Reference to laboratory-Procedure
prescribed for-Need to follow-In this case, the complainant had given the
tyre and the tube which had burst, to the dealer, who in turn had sent it
to the appellant-The procedure prescribed under Section l 3(l)(c) of the
Act was, therefore, not capable of being followed because the comlainant D
was not in possession of the tyre and the tube- No evidence to suggest that
the appellant had returned the tyre and the tube to the respondent-Therefore
no fault can be found with the District Forum, the State Forum or the
National Commission in the matter of not following the procedure under
Section I 3(1)(c) of the Act.

        CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2710 of                E
1999.

      From the Judgment and Order dated 22.9.98 of the National Consumers
disputes Redressal Commission, Delhi in M.P. No. 407/96 in R.P. No. 1082 of
1996.
                                                                              F
     Ashok H. Desai, D.A. Dave, P. Venugopal and P.S. Sudheer for the
Appellant.

        The following Order of the Court was delivered :

        Leave granted.
                                                                              G
     The short point on which notice was issued in this case on 22nd
January, 1999 was whether the consumer court should have followed the
procedure under Section 13 of the Consumer Protection Act, 1986.

      We have heard Mr. Ashok H. Desai, learned senior counsel appearing
for the appellant. The respondent, though served, is not present.
                                    1089
    1090                           SUPREME COURT REPORTS                                               [1999] 2 S.C.R.

A         Section 13(1 )(c) of the Consumer Protection Act, 1986 provides as
    under:

                 13. Procedure on receipt of complaint (l) The District Forum shall,
             on receipt of a complaint, if it relates to any goods -

B                (a) (b) .................................................................. ~ .... .

                  (c) where the complaint alleges a defect in the goods which
             cannot be determined without proper analysis or test of the goods,
             the District Forum shall obtain a sample of goods from the complainant,
             seal it and authenticate it in the manner prescribed and refer the
c            sample so sealed to the appropriate laboratory along with a direction
             that such laboratory make an analysis or test, whichever may be
             necessary, with a view to finding out whether such goods suffer from
             any defect alleged in the complaint or from any other defect and to
             report its findings thereon to the District Forum within a period of
             fifty-five days of the receipt of the reference or within such extended
D            period as may be granted by the District Forum."

          A bare reading of clause (c) would show that the District Forum, with
    a view to get proper analysis or test done, should obtain the sample of goods
    from the complainant and then followed the procedure prescribed in the said
E   clause. In this case, the material on the record shows that the complainant
    had given the tyre and the tube which had burst, to the dealer, who in tum
    had sent it to the appellant. The procedure prescribed under Section l3(I)(c)                                        -
    of the Act was, therefore, not capable of being followed because the
    complainant was not in possession of the tyre and the tube. There is no
    material to show that the appellant had returned the tyre and the tube to the
F   respondent. That being the factual matrix, we do not see how any fault can
    be found with the District Forum, the State Forum or the National Commission
    in the matter of not following the procedure under Section (13)(l)(c) of the
    Act.

           This Appeal, therefore, fails and is dismissed. No costs.
G
    T.N.A.                                                                                       Appeal dismissed.