NCDRC

NCDRC

RP/4876/2013

TATA AIG GEN. INS. CO. LTD. - Complainant(s)

Versus

MUNIR KHAN - Opp.Party(s)

M/S. NANDWANI & ASSOCIATES

27 Aug 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4876 OF 2013
 
(Against the Order dated 18/09/2013 in Appeal No. 878/2013 of the State Commission Rajasthan)
1. TATA AIG GEN. INS. CO. LTD.
IST FLOOR, LOTUS TOWER, NEW FRIENDS COLONY,
NEW DELHI
...........Petitioner(s)
Versus 
1. MUNIR KHAN
S/O ZUHUR KHAN, R/O HOUSE NO-55, MANDU KA BAS, TEH, RAMGARH
DISTRICT : ALWAR
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER
 HON'BLE MRS. REKHA GUPTA, MEMBER

For the Petitioner :
Mr.K.L.Nandwani, Advocate
For the Respondent :
Mr.Sabyasachi Mishra, Advocate

Dated : 27 Aug 2014
ORDER

This revision is directed against the order of the State Commission Rajasthan, Jaipur dated 18.09.2013 in Appeal No. 878/2013 whereby the State Commission dismissed the appeal preferred by the petitioner against the order of the District  Forum.

2.       Mr. K.L.Nandwani, Advocate for the petitioner has taken us through the impugned order and submitted that State Commission while dismissing the appeal has neither referred to the facts and evidence nor the grounds of appeal. Therefore, the impugned order being non speaking order, is not sustainable.

3.       Mr. Sabyasachi Mishra, Advocate for the respondent has fairly conceded to the submissions made on behalf of the petitioner and has submitted that respondent has no objection if the impugned order is set aside and matter is remanded back for disposal of appeal on merits.  He further states that this matter has been considerably delayed and, therefore, disposal of appeal be made time bound.

4.       In view of the above, we allow the revision petition, set aside the impugned order and remand the matter back to the State Commission for disposal of appeal on merits with due reference to pleadings and evidence and grounds of appeal.  Parties to appear before the State Commission on 14.10.2014.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
REKHA GUPTA
MEMBER

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