Facts

The revision petitions were filed by M.N. Ranjini and M.R. Nagendran, who purchased silk sarees from the Society for ₹21,661 and ₹15,105, respectively, after rebate.

The complainants alleged that the zari used in the sarees contained less silver than prescribed under the applicable Bureau of Indian Standards specifications. After obtaining test reports from a testing centre in Salem, they alleged deficiency in service and issued a legal notice to the Society on July 9, 2011.

The District Consumer Disputes Redressal Commission, Thanjavur, allowed the complaints and directed the Society to refund the purchase price upon return of the sarees. It also awarded each complainant ₹15,000 for mental agony, ₹5,000 towards travel expenses and ₹1,500 as litigation costs.

However, the State Commission set aside these orders on July 10, 2014, holding that the complainants had not established that the tested samples belonged to the sarees purchased from the Society. It also found that the procedure for obtaining expert evidence under Section 13 of the Consumer Protection Act, 1986, had not been followed.

Contentions of the Parties

The Society disputed whether the sarees sent for testing were the same ones purchased by the complainants. It argued that the report could not be relied upon without establishing the identity of the samples.

NCDRC's Observations and Decision

The NCDRC observed that the sarees had been sent for testing pursuant to its directions and under the supervision of the District Commission, where they had remained in custody. It rejected the Society's challenge to sample identification, noting that the objection was unsupported by relevant material and amounted to a bald assertion.

The Commission noted that the State Commission had reversed the District Commission's findings on the ground that the prescribed procedure under Section 13(1)(c) of the Consumer Protection Act, 1986, had not been followed, without obtaining an independent test report.

The National Commission subsequently directed that the sarees be tested by the National Test House, Kolkata. The resulting report recorded silver content of 41.82% and 38.12%, and gold content of 0.46% in each sample.

However, the NCDRC clarified that it was not required, in its revisional jurisdiction, to undertake a fresh assessment of the factual disputes. It held that the test report constituted material evidence that the State Commission should consider along with the parties' contentions.

Accordingly, the NCDRC allowed both revision petitions and set aside the State Commission's order dated July 10, 2014. It restored First Appeal Nos. 437 and 438 of 2012 for fresh consideration by the State Commission, directing it to take the National Test House report on record and allow the Society to file objections, with an opportunity for the complainants to respond.

The parties were directed to appear before the State Commission on October 15, 2026, and the appeals were directed to be decided expeditiously.

Order Date: September 22, 2026