The present Revision Petition is directed against the order dated 17.02.2021 passed by the Ld. District Consumer Disputes Redressal Commission, Bishnupur, in Misc Case No. 2 of 2020 (Reference Complaint Case No. 1 of 2020).

2.       The present Petitioner was the Opposite Party in the said Complaint Case No. 1 of 2020 who filed an application being Misc. Case No. 2 of 2020, before the District Commission, praying for rejecting the Complaint Petition on the ground that, the Complainant did not come with ‘Clean hands’.

3.       The said Misc. Case No. 2 of 2020, was heard by the Ld. District Consumer Disputes Redressal Commission, Bishnupur, (hereinafter referred to as ‘the District Commission’) and disposed of the same by the impugned order dated 17.02.2021, holding that, the definition of “Clean hands” is not defined in Consumer Protection Act 2019. It was also held that there was no specific allegation showing unclean hands against the Opposite Party. Besides, the Order VII, Rule 11, Code of Civil Procedure (CPC) read with Section 151 Code of Civil Procedure (CPC) is not attracted at that stage.

4.       The present Revision Petition was filed on 18.03.2021 and admitted on 19.04.2021. The arguments was heard on 04.07.2022 and 25.07.2022. There is a delay of some months on disposing the present Revision Petition due to the lockdown imposed by State Government and Central Governments in connection with Covid-19, Pandemic and non appointment of President of the Commission.  And,          on the issuance of the Order dated 17.06.2022, by the Government of Manipur appointing the senior most member of the Commission to officiate as President, the Commission started hearing of the cases.

5.       After perusing the records of the case before the District Commission, the present Revision Petition, written arguments and after hearing the counsel of the Petitioner, in our considered views the present Revision Petition can be disposed of under the following terms and conditions:-

a)       the decision of the Ld. District Commission that; “…. whether the Consumer Protection Act 2019 has defined the word “Clean Hand”, the answer is no. If that be so, what factor would amount to “Clean hand”. In our considered view, the rule of coming with ‘clean hands’ is applicable in Courts and Judicial forums as held by the Hon’ble Supreme Court of India in Ramjas foundation & Ors., -Versus- Union of India & Ors., reported in 2010 Legal Eagle (SC) 882/2010(14) SCC 38. The Ld. District Commission shall examine and dispose of the Misc. Case No.2 of 2020, in regards to the claim that, the Complainant did not come with ‘Clean hands’. 

b)       as per the records available the present Petitioner in his written statement in Complaint Case No.1 of 2020 as well as in his application in Misc. Case No.2 of 2020, before the Ld. District Commission, rises the issue of not coming with ‘Clean hands’ by the Complainant. And, therefore the matter/issue requires to be examined and pass appropriate orders in that regard.

c)       to establish the fact of not coming with “Clean hands”, the party claiming the same has to prove the same. The claim that the Complainant did not come with “Clean hands’, before the District Commission has not yet been proved or tried to be proved as per the records. So, in our considered view, the claim of the present Petitioner that, the Complainant did not come with “Clean hands” has not yet established and proved with evidence. The matter requires to be decided accordingly.

6.       For the reasons given above, the Revision Petition is allowed and set aside the impugned order dated 17.02.2021, passed by the Ld. District Commission, in Misc. Case No. 2 of 2020 (Ref.:- Complaint Case No.1 of 2020). The Ld. District Commission shall re-examine and dispose of the said Misc. Case No.2 of 2020, by a reasoned/speaking order, on the basis of the evidences produced by the Parties therein.

7.       This Revision Petition is disposed of accordingly.

8.       Pronounce in the Open Court.      

9.       The Registry is directed to return all the original records of the District Consumer Disputes Redressal Commission Bishnupur, along with a copy of this order.

.10.     File be consigned in record room.