NCDRC

NCDRC

RP/2340/2006

KANTA LOHIA - Complainant(s)

Versus

M.P. HOUSING BOARD AND ANR - Opp.Party(s)

IN PERSON

07 Jul 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 2340 OF 2006
(Against the Order dated 31/05/2006 in Appeal No. 1876/2005 of the State Commission Madhya Pradesh)
1. KANTA LOHIAL-153 INDIRA NAGER NEEMUCH M.P - ...........Petitioner(s)
Versus
1. M.P. HOUSING BOARD AND ANRTHROUGH EXECTIVE ENGENER RATLAM M.,P - ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MRS. VINEETA RAI ,MEMBER
For the Petitioner :IN PERSON
For the Respondent :MR. D.K. SINGH

Dated : 07 Jul 2010
ORDER

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          State Commission has completely misunderstood the scope of the dispute between the parties.  The dispute before the State Commission was neither regarding the pricing nor the penal interest.  State Commission has also erred in recording the finding that the dispute did not constitute a consumer dispute.  Counsel for the respondent has no objection to the setting aside of the impugned orders and remittance of the cases to the State Commission for a fresh decision in accordance with law.

          State Commission is the court of First Appeal, which is the final court of fact.  Being the final court of fact, State Commission was required to reappraise the pleadings as well as the evidence led by the parties and thereafter come to the conclusion by recording reasons in support thereof which has not been done in the present case.

          For the reasons stated above, orders under revision are set aside and the cases are remitted back to the State Commission for a fresh decision in accordance with law.

          Parties are directed to appear before the State Commission on 5.8.2010.

          Since these are old cases, we would request the State Commission to dispose of the appeals expeditiously and preferably within a period of 6 months from the date of first appearance of the parties.

 



......................JASHOK BHANPRESIDENT
......................VINEETA RAIMEMBER