NCDRC

NCDRC

RP/894/2011

M/S. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. - Complainant(s)

Versus

M/S. KUMAR CONSTRUCTION - Opp.Party(s)

MR. SANJEEV NIRWANI

11 May 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 894 OF 2011
 
(Against the Order dated 23/09/2010 in Appeal No. 440/2010 of the State Commission Rajasthan)
1. M/S. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
Through Their Deputy Manager-Legal Shri Sanjay Gupta, 2nd Floor, DLF Industrial Area, Moti Nagar
New Delhi - 110015
Delhi
...........Petitioner(s)
Versus 
1. M/S. KUMAR CONSTRUCTION
Plot No. 21, Scheme No. 10
Alwar - 301001
Rajasthan
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. K. BATTA, PRESIDING MEMBER
 HON'BLE MR. ANUPAM DASGUPTA, MEMBER

For the Petitioner :
Mr.Sanjeev Nirwani Advocate.
For the Respondent :
Mr.Aruni Poddar, Advocate proxy for
Mr.Jitendra Mitrucka, Advocate.

Dated : 11 May 2011
ORDER

Heard counsel for the parties. Delay condoned subject to deposit of Rs.5000/- in each Revision by the petitioner in the Consumer Legal Aid Account of this Commission within two weeks. If the said amount is not deposited within two weeks, the order passed today shall stand vacated without reference to this Commission and the revisions shall stand dismissed. The impugned orders, which are subject matter of challenge in these revisions are non speaking order which read as under: Appeal No.440/2010 earned Counsel for the parties were heard and the record perused. Having regard to the facts and circumstances the Order of District Forum is confirmed. Appeal No.441/2010 he learned Counsel for the parties were heard and the correspondence was observed.. After keeping in mind the facts and circumstances the Order of District Forum is confirmed. The Appellate Court/Forum is supposed and expected to pass a speaking order giving reasons in support of its order and the appeals cannot be disposed of in a slipshod manner in which it has been done by the State Commission. In view of this, the orders of the State Commission are set aside and the matters are remanded back to the State Commission for passing appropriate speaking orders duly supported by reasons after hearing the parties afresh. The parties shall appear before the State Commission on 12.7.2011 for fixing the date of hearing the appeals. The appeals are disposed of in the aforesaid terms with no order as to cost.

 
......................J
R. K. BATTA
PRESIDING MEMBER
......................
ANUPAM DASGUPTA
MEMBER

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