VidhiSangh

Supreme Court of India · 09/12/2019

CHAIRMAN-CUM-MANAGING DIRECTOR ONGC LTD. & ORS. versus CONSUMER EDUCATION RESEARCH SOCIETY & ORS.

[2019] 14 S.C.R. 774 · 2019 INSC 1339

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Summary

The Court held that ONGC was not the service provider to employees claiming losses under a contributory post-retirement scheme administered by a separate trust. It set aside the contrary consumer-forum findings and the National Commission’s costs. Nevertheless, ONGC was directed to honour its counsel’s undertaking to pay the substantive amounts, given the small sums and the retirees’ long wait. Other questions concerning consumer status and consideration were left undecided.

Issues

  1. Whether a consumer–service-provider relationship existed between ONGC and the scheme claimants.
  2. What effect should be given to ONGC’s undertaking to pay despite its legal challenge.

Provisions considered

Held

Result

Appeals partly allowed. Findings of a consumer–service-provider relationship with ONGC and the National Commission’s costs were set aside. ONGC was nevertheless directed, in accordance with its undertaking, to pay the amounts under the impugned orders other than costs within eight weeks. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 774.