NCDRC

NCDRC

SA/7/2022

RELIANCE RETAIL LIMITED - Complainant(s)

Versus

NIHIT LOMIS - Opp.Party(s)

M/S. R.S. PRABU & CO.

18 Apr 2022

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
SECOND APPEAL NO. 7 OF 2022
 
(Against the Order dated 23/02/2022 in Appeal No. 62/2021 of the State Commission Chandigarh)
1. RELIANCE RETAIL LIMITED
...........Petitioner(s)
Versus 
1. NIHIT LOMIS
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DINESH SINGH,PRESIDING MEMBER
 HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,MEMBER

For the Petitioner :
Mr. Raghav Shankar, Advocate
Mr. Vishnu Sharma, Advocate
Mr. Tushar Bhardwaj, Advocate
For the Respondent :

Dated : 18 Apr 2022
ORDER

1.       This second appeal no. 07 of 2022 has been filed under Section of 51(2) of the Act 2019 apropos the State Commission’s Order dated 23.02.2022 in appeal no. 62 of 2021 arising out of the District Commission’s  Order dated 28.06.202 in complaint no. 1182 of 2019.

2.       Learned counsel for the appellant submits that, previously, second appeals no. 01, no. 02, no. 03, no. 07, no. 08, no. 10 and no. 11 of 2021 were dismissed by this Commission vide its Order dated 31.01.2022. The instant second appeal no. 07 of 2022 has been filed in similar facts and on same proposed substantial questions of law. He has no additional arguments to make other than which had already been made and considered when the second appeals no. 01, no. 02, no. 03, no. 07, no. 08, no. 10 and no. 11 of 2021 were heard. The Order dated 31.01.2022 passed by this Commission in second appeals no. 01, no. 02, no. 03, no. 07, no. 08, no. 10 and no. 11 of 2021 has been challenged by the appellants in Hon’ble Supreme Court.

The submission is that the facts and questions involved in the instant second appeal no. 07 of 2022 are identically the same as were in the earlier second appeals no. 01, no. 02, no. 03, no. 07, no. 08, no. 10 and no. 11 of 2021 before this Commission. The earlier second appeals were dismissed by this Commission for the reasons recorded in the Order of 31.01.2022. As the facts are similar and the questions involved are the same, he therefore does not propose to unnecessarily dwell or dilate again upon the same issues and raise the same arguments on an identical matter.

The learned counsel furthermore submits that this second appeal no. 07 of 2022 may also be disposed of as per the reasoning and view that has already been adopted in the earlier second appeals by this Commission as no useful purpose will be served to expound on the identical issues and the identical material all over once again when there is nothing material to add or subtract. 

3.       We have perused the record herein in the instant second appeal no. 07 of 2022 and also a copy of the Order dated 31.01.2022 that had been passed in the earlier second appeals no. 01, no. 02, no. 03, no. 07, no. 08, no. 10 and no. 11 of 2021 and find that the submissions that have been made by the learned counsel in this regard are in all fairness and correct.

4.       As such, in the wake of the submissions made, this second appeal no. 07 of 2022 also stands dismissed.  

5.         The Registry is requested to send a copy each of this Order to the parties in the second appeal and to the learned counsel for the appellant immediately. The stenographer is also requested to upload this Order on the website of this Commission immediately.

 
......................
DINESH SINGH
PRESIDING MEMBER
......................J
KARUNA NAND BAJPAYEE
MEMBER

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