NCDRC

NCDRC

RP/2256/2011

MANSA KHANNA TRANSPORT CO. - Complainant(s)

Versus

GAJAN KUMAR - Opp.Party(s)

MR. MOHIT BATRA

02 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2256 OF 2011
 
(Against the Order dated 04/05/2011 in Appeal No. 1559/2010 of the State Commission Rajasthan)
1. MANSA KHANNA TRANSPORT CO.
S/o Sh Dev Raj R/o Near Hunumar garh BY Pass Fatak, near Tata motor service Center, Sangrai Road, Hanuman Garh Junction,
Hanuman Garh
Rajasthan
...........Petitioner(s)
Versus 
1. GAJAN KUMAR
S/o Late Sh Gyan Prakash, R/o Ward N.16, Hanuman Garh Town, tehsil
Hanuman Garh
Rajasthan
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :NEMO
For the Respondent :MR. HIMANSHU SINGH

Dated : 02 May 2012
ORDER

ORDER

On a contention raised by the counsel for the petitioner that the order of the  State Commission is a non-speaking order as it has not recorded any reasons in support of the conclusions arrived at, limited notice was issued to the respondent to show cause as to why the impugned order be not set aside and the matter remitted back to the State Commission to dispose of the appeal after recording the reasons in support of the reasons arrived at.

Respondent has been served. Shri Himanshu Singh, Advocate has put in appearance on behalf of the respondent.

 

-2-

 

State Commission being the first Court of appeal is the final Court of fact. It is required to record the reasons in support of the conclusions arrived at. The State Commission without recording the contentions raised by the parties and the reasons in support of the conclusions arrived at has dismissed the appeal simply by endorsing the view taken by the District Forum.

We are not satisfied with the order passed by the State Commission on the ground that the order is a non-speaking order. The same is set aside and the case is remitted back to the State Commission to decide it afresh in accordance with law. Parties through counsel are directed to appear before the State Commission on 2.7.2012.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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