NCDRC

NCDRC

RP/703/2012

BSNL & 2 ORS. - Complainant(s)

Versus

KEWAL CHAND JAIN - Opp.Party(s)

MR. SARFARAZ KHAN

09 Aug 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 703 OF 2012
 
(Against the Order dated 14/11/2011 in Appeal No. 1885/2010 of the State Commission Rajasthan)
1. BSNL & 2 ORS.
Through Chief General Manager, (Telecommunication)
Jaipur
Rajasthan
2. Accounts Officer, BSNL
General Manager, (Telecommunication)
Jaipur
Rajasthan
3. Deputy Zonal Officer (Telex) BSNL
Chaksu
Jaipur
Rajasthan
...........Petitioner(s)
Versus 
1. KEWAL CHAND JAIN
S/o Choth Mal Jain, R/o Nimodia, Chakhsu
Jaipur
Rajasthan
...........Respondent(s)

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

For the Petitioner :MR. SARFARAZ KHAN
For the Respondent :MR. RAMESH KUMAWAT

Dated : 09 Aug 2012
ORDER

Respondent/complainant applied for a telephone connection and deposited Rs.500/-.  Even before installing the phone, bills were sent.  Being aggrieved respondent filed the complaint before the District Forum.

          Petitioner after putting in appearance filed Written Statement and took the stand that the bills were wrongly issued and were cancelled later on.  District Forum allowed the complaint and directed the petitioner to pay Rs.50,000/- by way of compensation and Rs.1100/- as costs.

          Petitioner being aggrieved filed the appeal before the State Commission which has been dismissed by the State Commission without recording any reasons in support of the conclusion arrived at. 

          Limited notice was issued to the respondent to show cause as to why the impugned order be not set aside and the case remitted back to the State Commission for a fresh decision in accordance with law.  Mr. R. Kumawat, Advocate has put in appearance.

 

-3-

State Commission has simply endorsed the finding recorded by the District Forum.   Even the contentions raised by the petitioner have not been noted.  State Commission being the first court of appeal was required to record reasons in support of conclusion arrived at.  Since the order passed by the State Commission 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.

          Partiers through their counsel are directed to appear before the State Commission on 18.10.2012.

          Revision petition stands disposed of in above terms.

 

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

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