NCDRC

NCDRC

RP/127/2007

BSES YAMUNA POWER LTD. - Complainant(s)

Versus

MR. VINOD BALA - Opp.Party(s)

MRS. SANJANA J. BALI

17 Jan 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 127 OF 2007
 
(Against the Order dated 19/07/2006 in Appeal No. 327/2006 of the State Commission Delhi)
1. BSES YAMUNA POWER LTD.
SHAKTI KIRAN BLDG KARKARDOOMA
DELHI
...........Petitioner(s)
Versus 
1. MR. VINOD BALA
A-153, VIVEK VIHAR,
PHASE -1
DELHI- 110095
...........Respondent(s)

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

For the Petitioner :MRS. SANJANA J. BALI
For the Respondent :
Mr.Manish Angirash, Advocate

Dated : 17 Jan 2011
ORDER

State Commission has reversed the order passed by the District Forum without issuing the Notice to the petitioner, in violation of the principles of natural justice.  The fact that the State Commission did not issue Notice to the petitioner is evident from para-1 of the order where the State Commission records that “this matter can be adjudicated in just and proper manner without issuing Notice to the respondent on the basis of pleadings of the parties made before the District Forum and contentions raised by the appellant before us”.

          It is cardinal principle of law that nobody can be condemned unheard.  Since the impugned order is passed in violation of the principles of natural justice, the same is set aside and the case is remitted back to the State Commission for a fresh decision in accordance with law after hearing both the parties.

Parties, through their counsel, are directed to appear before the State Commission on 25.1.2011.

Since this is an old matter, we would request the State Commission to dispose of the matter as expeditiously as possible and preferably within a period of 6 months from the date of first appearance.

 

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

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