NCDRC

NCDRC

RP/1006/2012

HINDUSTAN FREIGHT CARRIER & COMMISSION AGENT - Complainant(s)

Versus

M/S. AAKASH UDYOG & ANR. - Opp.Party(s)

MR. PANKAJ GUPTA

17 Apr 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1006 OF 2012
 
(Against the Order dated 12/12/2011 in Appeal No. 1974/2011 of the State Commission Rajasthan)
1. HINDUSTAN FREIGHT CARRIER & COMMISSION AGENT
Near Tulsi Dharm Kanta, Firozabad Road,Shahdra Chungi
Agra - 282 006
U.P
...........Petitioner(s)
Versus 
1. M/S. AAKASH UDYOG & ANR.
G-70 RIICO Odela Road,
Dhaulpur
Rajasthan
2. United Insurence Co Ltd.,
Service Through Manager, Branch Office,Dhulkot Road
Dhaulpur
Rajasthan
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.B. GUPTA, PRESIDING MEMBER
 HON'BLE MRS. REKHA GUPTA, MEMBER

For the Petitioner :
Mr. Pankaj Gupta, Advocate
For the Respondent :
Mr. Arvind Kr. Sharma, Advocate
for R-1
Mr. V. S. Chopra, Advocate
for R-2

Dated : 17 Apr 2014
ORDER

2. The above noted revision petitions are being disposed of by this common order, as the same are off shoot of (Consumer Complaint No.204 of 2010) filed before the District Consumer Disputes Redressal Forum, Dhaulpur, Rajasthan, (for short, istrict Forum. 3. Brief facts are that Complainant-M/s.Akash Udyog/Respondent No.1 in above Petitions had filed a Consumer Complaint under Section 12 of the Consumer Protection Act,1986 (for short,ct against Hindustan Freight Carrier & Commission Agent-Opposite Party No.1/ Petitioner in (R.P. No.1006 of 2012) and United India Insurance Company-Opposite Party No. 2/Petitioner in (R.P. No.1359 of 2014), before the District Forum. 4. Petitioners contested the Consumer Complaints by filing their respective written statements. 5. District Forum, after going through the record and after hearing the parties, allowed the complaint of the complainant. 6. Aggrieved by the order of the District Forum, Petitioner-Hindustan Freight Carrier & Commission Agent filed (Appeal No.1974 of 2011) before the State Consumer Disputes Redressal Commission, Rajasthan(for short,tate Commission, whereas Petitioner-United India Insurance Co. Ltd. also challenged the order of District Forum by filing separate (Appeal No.2022 of 2011) before the State Commission. 7. Appeal No.1974 of 2011, was dismissed by the State Commission, vide its order dated 12.12.2011. 8. Thereafter, Appeal No. 2022 of 2011 of the United India Insurance Company Ltd. was also dismissed by the State Commission, vide order dated 11.12.2013, on the same ground observing that it had earlier dismissed the (Appeal No.1974 of 2011) hence, no separate view can be arrived at. 9. Hence, these revisions. 10. Impugned order dated 12.12.2011, passed by the State Commission in (First Appeal No.1974 of 2011) read as under; Heard Ld. Counsel for the appellant. Perused the record. There is delay of 24 days in filing the present appeal. The facts and circumstances stated in the appeal are genuine, therefore, the delay is condoned. The District Forum has perused the facts and documents on record minutely. We do not find any logic in perusing the facts and documents again. Considering the facts and circumstances of the case, there is no error in the order dated 30.09.2011 in case bearing No.204/2010 passed by the District Consumer Forum. The District Consumer Forum has considered the facts and circumstances of the case thoroughly so there is no need to interfere in the order. Besides this, there is no error in the merits of the case. Therefore, the order dated 30.09.2011 passed by the District Forum, Dhaulpur in case No.204/2010 is hereby confirmed and the appeal of the appellant is dismissed in merits. The complainant is entitled to receive the amount deposited with the District Forum, Dhaulpur. The appellant has been given one month time to comply with the order 11. After going through the order, we are shocked to observe that no reasons whatsoever have been given by the State Commission, while deciding the appeal. It has not even mentioned the facts of the case nor has it dealt with any of the submissions made by either of the parties. It appears that the State Commission is not conversant with the legal position with regard to disposal of the First Appeals. For the knowledge of the State Commission, we hereby quote the law as laid down by Hon’ble Supreme Court of India with regard to disposal of first appeals. 12. In HVPNL Vs. Mahavir (2004)10 SCC 86, Honle Supreme Court has held ; "4. At the admission stage, we passed an order on 21.7.2000 as follows; In a number of cases coming up in appeal in this Court, we find that the State Consumer Disputes Redressal Commission, Haryana at Chandigarh is passing a standard order in the following terms : e have heard the Law Officer of HVPNL, appellant and have also perused the impugned order. We do not find any legal in the details and well-reasoned order passed by District Forum, Kaithal. Accordingly, we uphold the impugned order and dismiss the appeal’. We may point out that while dealing with a first appeal, this is not the way to dispose of the matter. The appellant forum is bound to refer to the pleadings of the case, the submissions of the counsel, necessary points for consideration, discuss the evidence and dispose of the matter by giving valid reasons. It is very easy to dispose of any appeal in this fashion and the higher courts would not know whether learned State Commission had applied its mind to the case. We hope that such orders will not be passed by the State Consumer Disputes Redressal Commission, Haryana at Chandigarh in future. A copy of this order may be communicated to the Commission 13. Again, in Canadian 4 Ur Immigration Ser & Anr. Vs. Lakhwinder Singh, Special Leave to Appeal (Civil) No.(s)8811/2009,decided on 21.2.2011, Hon’ble Apex Court observed ; "A bare perusal of the impugned order of the National Commission shows that no reasons have been recorded therein. It is well settled that even an order of affirmance must contain reasons, even though in brief, vide Divisional Forest Officer VS. Madhusudan Rao, JT 2008 (2) SC 253, vide para 19. In the result, this appeal is allowed. The impugned order of the National Commission is set aside and the matter is remanded back to the National Commission to decide the matter afresh in accordance with law after hearing the parties concerned and by giving reasons". 14. Similarly, in these cases also the State Commission has not given any reason whatsoever, while dismissing the appeal of the petitioner. In view of the above decisions (supra) of the Honle Supreme Court, the impugned orders cannot be sustained as the same are patently illegal and has been passed without any application of judicial mind. 15. Hence, we hereby set aside the impugned orders and allow the present revision petitions. Consequently, we remand the matters back to the State Commission for deciding the same afresh in accordance with mandate of law as laid down by Hon’ble Supreme Court. 16. The State Commission shall make an endeavour to dispose of the appeals preferably within a period of one year, from the date of receipt of this order. 17. Parties are directed to appear before the State Commission on 22.05.2014. 18. Dasti to all parties.

 
......................J
V.B. GUPTA
PRESIDING MEMBER
......................
REKHA GUPTA
MEMBER

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