NCDRC

NCDRC

RP/2388/2012

M/S. SPICE MOBILE LTD. - Complainant(s)

Versus

DR. UDAYVEER SINGH - Opp.Party(s)

M/S. JOSEPH & JOSEPH ASSOCIATES

16 Jul 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2388 OF 2012
 
(Against the Order dated 11/05/2012 in Appeal No. 515/2012 of the State Commission Rajasthan)
1. M/S. SPICE MOBILE LTD.
M/o S Mobility Ltd 19A, 19B, Sector-125
Noida
U.P - 201301
...........Petitioner(s)
Versus 
1. DR. UDAYVEER SINGH
R/o 113 Nandpuri Malviya nagar
Jaipur
Rajasthan
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr.Joseph Koshy, Advocate &
Ms. Binita Shah, Advocate
For the Respondent :
Ms. Meghna Sankhla, Advocate

Dated : 16 Jul 2013
ORDER

The petitioner being aggrieved of the order dated 11.05.2012 passed by State Commission Rajasthan whereby the State Commission dismissed the appeal preferred by the petitioner herein against the order of the District Forum has preferred this revision.

The main ground on which the revision petition has been filed is that impugned order of the State Commission is not sustainable being a non-speaking order.  It is contended by the learned counsel for the petitioner that perusal of impugned order would show that State Commission has not even referred to the grounds of appeal and submissions made by the petitioner.  Thus it is urged that revision petition be accepted and impugned order be set aside.

Learned counsel for the respondent on the contrary has argued in support of the impugned order.  Learned counsel has, however, conceded that the impugned order is a non-speaking order.

We have considered the rival submissions.  It is well settled that adjudicating authority while dealing with petitions / appeals is required to pass a speaking order.  In the instant case, the State Commission has dismissed the appeal without even referring to the facts or the ground of appeal and the submissions made by the petitioner.  Therefore, the order is not sustainable in law being against the principle of natural justice.  Accordingly, revision petition is accepted and impugned order is set aside.  Matter is remanded back to the State Commission for disposal of appeal in accordance with law.

Parties are directed to appear before the State Commission on 23.08.2013.   State Commission is directed to dispose of the appeal within three months from the appearance of the parties before there.

 

 

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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