NCDRC

NCDRC

RP/2457/2011

JODHPUR VIDHYUT VITRAN NIGAM LTD. & ANR. - Complainant(s)

Versus

MOHIT COMPUTER & ELECTRONICS - Opp.Party(s)

MR. S.N. BOHRA

14 Nov 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2457 OF 2011
 
(Against the Order dated 13/05/2011 in Appeal No. 173/2011 of the State Commission Rajasthan)
1. JODHPUR VIDHYUT VITRAN NIGAM LTD. & ANR.
Sardar Sharhar through Assitant Engineer
2. Jodhpur Vidhyut Vitran Nigan Limited
Near Power House, Managing Near Power House
Jodhpur
Rajasthan
...........Petitioner(s)
Versus 
1. MOHIT COMPUTER & ELECTRONICS
Prahladram Saini, S/o Shri Bhagwanaram Saini, R/o Sardar Sharhar
Churu
Rajasthan
...........Respondent(s)

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

For the Petitioner :MR. S.N. BOHRA
For the Respondent :
Mr.Sandeep Sharma, Advocate

Dated : 14 Nov 2011
ORDER

On perusal, it was found that the order passed by the State Commission is a non-speaking order.  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.

State Commission is the court of first appeal.  Being the final court of fact, it has to record reasons in support of the conclusion arrived at.  State Commission, without noticing the contentions raised by the petitioner, has dismissed the appeal filed by the petitioner by simply observing that the order of the District Forum was just and proper and did not require interference.  State Commission, being the court of fact, was required to record finding on facts after noticing the contentions raised by the parties.

Since the order of 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.  Notice issued is made absolute.

Parties, through their respective counsel, are directed to appear before the State Commission on 9.12.2011.

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

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