Delhi

StateCommission

FA/12/363

ANSAL PROPERTIES & INFRA. LTD. - Complainant(s)

Versus

DHARIMBIR & ORS. - Opp.Party(s)

03 Nov 2015

ORDER

IN THE STATE COMMISSION: DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

                                                   Date of Decision: 03.11.2015

First Appeal No. 363/2012

(Arising out of the order dated 30.03.2012 passed in complaint case No. 23/2009 by the District Consumer Disputes Redressal Forum, ‘M’ Block, Ist Floor, Vikas Bhawan, I.P.Estate, New Delhi-110002)

In the matter of:

M/s Ansal Properties

& Infrastructure Ltd.

115, Ansal Bhawan

16, Kasturba Gandhi Marg

New Delhi-110001                                                Appellant

 

Versus

 

1. Ms. Dharambir

S/o Shree Ram

R/o House No. 138,

Village and Post Office Barwala

•  

 

2. Mr. Alok Bhardwaj

S/o Sh. Subhash Chander Bhardwaj

R/o B-47, Kanti Nagar Extension

Delhi-110051                                    Respondents

                                                                  

CORAM

 

N P KAUSHIK                                    -                       Member (Judicial)

 

1.         Whether reporters of local newspaper be allowed to see the judgment? Yes

2.         To be referred to the reporter or not? Yes

 

 

N P KAUSHIK – MEMBER (JUDICIAL)

ORDER

        Appellant has impugned the orders dt. 30.03.2012 passed by the Ld. District Forum-VI, Vikas Bhawan, New Delhi. The order is reproduced below:

       “Present both the Parties.

OP is directed to return Rs. 2,69,300/- @ 9% interest till realisation & Rs. 50,000/- as compensation within 30 days i.e. 30/4/2012.”

 

        Perusal of the abovesaid orders shows that the Ld. District Forum has not even discussed the facts of the complaint and the defence raised by the OP. What was the controversy before the Ld. District Forum has also not been mentioned.

        There is no dispute with the proposition that the cases before the Consumer Courts have to be adjudicated upon keeping in view the procedure meant for summary trial. The concept of summary trial cannot be relegated to the point that one cannot make a head or tail out of it. In the circumstances, matter is remanded back to the Ld. District Forum with the directions to pass a detailed speaking order after hearing the parties afresh. Parties to appear in the Ld. District Forum on 20.11.2015. Appeal is accordingly disposed of.

        Copy of the order be made available to the parties free of costs as per rules and thereafter the file be consigned to Records.

        One copy of the orders be sent to the District Forum concerned.

        FDR, if any, deposited by the appellant be released as per rules.

 

 

(N P KAUSHIK)
MEMBER (JUDICIAL)

(f)