NCDRC

NCDRC

RP/3553/2014

MURARI LAL PODDAR - Complainant(s)

Versus

M/S. A.L. LALPURIYA CONSTRUCTION PVT. LTD. - Opp.Party(s)

MR. D.M. MATHUR

08 Dec 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3553 OF 2014
 
(Against the Order dated 08/08/2014 in Appeal No. 552/2014 of the State Commission Rajasthan)
1. MURARI LAL PODDAR
S/O SHRI RAM CHANDRA PODDAR, R/O VRINDAWAN APTS, PLOT NO A-13 CENTRAL SPINE, VIDHYADHAR NAGAR
JAIPUR
RAJASTHAN
...........Petitioner(s)
Versus 
1. M/S. A.L. LALPURIYA CONSTRUCTION PVT. LTD.
REGISTERED COMPANY:ITS REGISTERED OFFICE AT -5 RAJ BHAWAN ROAD,CIVIL LINES, THROUGH:ITS DIRECTOR SHRI ANANDI LAL LALPURIYA, S/O SHRI NAGAR MAL LALPURIYA
JAIPUR
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.K. JAIN, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :MR. D.M. MATHUR
For the Respondent :
Mr. S. Mishra, Advocate for
Mr. Jitendra Mitrucka, Advocate

Dated : 08 Dec 2014
ORDER

We have heard the learned counsel for the parties.

          Their main grievance is that the order passed by the State Commission is not a speaking order and the said Commission has not dealt with the submissions made by them during the course of arguments before the State Commission.

 

          On a perusal of the impugned order, we find that the said order cannot at all be said to be a speaking order.  The State Commission has not dealt with any submission of either party in the aforesaid order.  In our view, the State Commission, while disposing of the appeals before the District Forum, should have re-examined the facts of the case in the light of the contention advanced by the parties to the appeals.  That having not been done, there is no option, but to set aside the impugned order and remit it back to the State Commission for passing a reasoned order dealing with the contentions advanced by the parties at the time of hearing before the State Commission.

 

          Accordingly, we set aside the impugned order dated 08.08.2014, passed by the State Commission and remit the matter back to the said Commission for deciding the appeals afresh after giving a fresh opportunity of hearing to the parties and dealing with the submissions made by them during the course of hearing.

 

The parties shall appear before the State Commission on 12.01.2015.  We also request the State Commission to decide the appeals within three months of the parties appearing before it.

         

 
......................J
V.K. JAIN
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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