NCDRC

NCDRC

RP/886/2019

SOLAR VENTURES - Complainant(s)

Versus

ADARSH VIDHYA MANDIR - Opp.Party(s)

MR. PANKAJ JOSHI & MR. HIMANSHU UPADHYAY

14 Sep 2021

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 885 OF 2019
 
(Against the Order dated 18/03/2019 in Appeal No. 76//2018 of the State Commission Rajasthan)
1. SOLAR VENTURES
THROUGH PROP. SH. NUKUL SHARMA, HAVING OFFICE AT C-16, SHIV VELLAY RIICCO, ROAD NO. 4,
BIKANER
RAJASTHAN
...........Petitioner(s)
Versus 
1. SANTOSH DEVI
D/O. BHAWANI SHANKAR JAJDA, R/O. GWM GONGADIA WALA, TEHSIL BAJJU BAJJUHAL, BANGLA NAGAR,
BIKANER
RAJASTHAN
...........Respondent(s)
REVISION PETITION NO. 886 OF 2019
 
(Against the Order dated 18/03/2019 in Appeal No. 77/2018 of the State Commission Rajasthan)
1. SOLAR VENTURES
THROUGH PROP. SH. NUKUL SHARMA, HAVING OFFICE AT C-16, SHIV VELLAY RIICCO, ROAD NO. 4,
BIKANER
RAJASTHAN
...........Petitioner(s)
Versus 
1. ADARSH VIDHYA MANDIR
THROUGH PRINCIPAL, SHANKAR LAL PUROHIT, S/O. MUKUL SINGH PUROHIT, HALL NIWASI, KHAJURWALA, TEHSIL KHAJURWALA,
DISTRICT-BIKANER
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
 HON'BLE MR. BINOY KUMAR,MEMBER

For the Petitioner :
Mr. Himanshu Upadhyay, Advocate
For the Respondent :
Mr. Sunil Mund and Mr. Manoj Kumar, Advocates

Dated : 14 Sep 2021
ORDER

M/s Solar Ventures have filed these two Revision Petitions against the Order dated 18.03.2019, passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur, Bench No.1 (hereinafter referred to as “ the State Commission”), wherein the two First Appeals being No. 76 and 77 of 2018, preferred by the Petitioner herein have been dismissed both on the ground of limitation as also on grounds of merits.

We have heard Mr. Himanshu Upadhyay, learned Counsel appearing for the Petitioner and Mr. Sunil Mund, learned Counsel appearing for the Respondents and have perused the impugned Order dated 19.03.2019 passed by the State Commission.

In view of the decision of the Hon’ble Supreme Court in   Civil Appeal No. 9161 of 2019 (M/s Singal Udyog Vs. National Insurance Co. Ltd. & Ors.), I (2020) CPJ 117 (SC), decided on 02.12.2019, the State Commission was not justified in dismissing the Appeal on merits, when it had declined to condone the delay in filing the Appeals and the Application under Section 5 of the Limitation Act has been dismissed. Thus, the impugned Order dated 18.03.2019 passed by the State Commission cannot be sustained.

The matters are remanded back to the State Commission for deciding the Appeals afresh in accordance with law.

We request the State Commission to decide the Appeals expeditiously, if possible, within a period of six weeks from the date of receipt of certified copy of this Order, which the learned Counsel for the Parties shall be filing on or before 28.09.2021.

The Revision Petitions succeeds and allowed. However, on the facts and merits of the case Parties shall bear their own costs.

 
......................J
R.K. AGRAWAL
PRESIDENT
......................
BINOY KUMAR
MEMBER

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