Dismissal of complaint itself in Revision by Complainant:
Can National Commission dismiss a complaint on a ground which was not raised by the opposite party alone?
Please note that except Limitation Act, no law enjoins a court to reject a claim on its own. In an adversary litigation, objection has to be pleaded by one party and responded by the other party. Following this principles, the Supreme Court set aside order of National Consumer Dispute Redressal Commission with following observations:
5. At the outset, we may notice that this was not a defence raised by the respondent either before the District Forum or before the State Commission. In fact, the respondent had not even challenged the order of the State Commission. In our view, the National Commission, in a revision petition filed by the complainant praying for increase of compensation and payment of interest, could not have dismissed the petition itself. We, therefore, set aside the order of the National Commission.