NCDRC

NCDRC

RP/3615/2012

BAJAJ FINANCE LTD. (EARSTWHILE BAJAJ AUTO FINANCE LTD.) - Complainant(s)

Versus

PANKAJ VERMA - Opp.Party(s)

M/S. RANJAN & CO.

22 Mar 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3615 OF 2012
 
(Against the Order dated 27/07/2012 in Appeal No. 90/2012 of the State Commission Rajasthan)
1. BAJAJ FINANCE LTD. (EARSTWHILE BAJAJ AUTO FINANCE LTD.)
Having its Registered Office at: Old Mumbai-Pune Highway ,Akurdi
Pune - 411035
Maharastra
...........Petitioner(s)
Versus 
1. PANKAJ VERMA
S/o Ratan Lal verma R/o Sindhi Colonee In front Hanuman Kunj,Nahari Ka Naka
Jaipur
Rajasthan
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER
 HON'BLE MR. SURESH CHANDRA, MEMBER

For the Petitioner :
Mr.R. K. Ranjan, Adv. with Mr.Vikash
Jha, Law Officer
For the Respondent :
Mr.Nimit Mathur, Advocate

Dated : 22 Mar 2013
ORDER

This revision petition is directed against the order of the Rajasthan Consumer Disputes Redressal Commission, Jaipur (for short, the State Commission) dated 27.07.2012 whereby the State Commission dismissed the appeal for non-prosecution preferred by the petitioner against the order of the District Forum-II, Jaipur. -2- 2. Sh.R.K. Ranjan, Advocate, learned counsel for the petitioner has contended that the impugned order of the State Commission is not sustainable for it is a non-speaking order wherein the pleas taken by the appellant in the appeal have not been addressed to. Thus, it is urged that the impugned order be set aside and the matter be remanded back to the State Commission for hearing of appeal on merits. 3. Sh.Nimit Mathur, Advocate, learned counsel for the respondent on the contrary has argued in support of the impugned order and submitted that it has been passed after taking into account overall facts and evidence as also the reasoned order passed by the District Forum-II, Jaipur. Thus, he has urged for dismissal of revision petition. 4. We have considered the rival contentions and perused the record. In order to properly appreciate the contentions of the parties, it is necessary to have a look at the relevant portion of the impugned order, which reads thus: -3- eard the learned counsel for the appellant and carefully perused the case. The subordinate District Forum, after careful and detailed analysis of all the facts and evidence, has passed the order. Hence, we do not find any justification to make the analysis of all the facts and evidence of this complaint again. Keeping in view the facts and circumstances, we do not find any error in the Order dated 16.11.2011 passed by the learned District Forum, Jaipur II, Jaipur. As the District Forum has applied the right brainpower on the facts came on record, there becomes no ground to interfere in the same. Besides above, there seems no summary in the Appeal on merits also. Hence, the Order dated 16.11.2011 passed in the Complaint no.538/2009 by the District Consumer Protection Forum, Jaipur II, Jaipur is confirmed and the Appeal of the appellant is dismissed on merits. The complainant will be entitled to get the amount deposited before the District Forum, Jaipur II, Jaipur with earned benefit. The appellant is allowed with the period of one month from today for the balance compliance of the Orders 5. On reading of the aforesaid order, it is evident that the State Commission while dismissing the appeal preferred by the petitioner has neither referred to the facts of the case nor it has referred to the grounds of challenge to the order of the District Forum nor it has given any reason for rejection of those grounds and dismissal of the appeal. Thus, the impugned order is non-speaking order as such not sustainable. Similar issue came up before the Supreme Court in the matter HVPNL vs. Mahavir (2004) 10 SCC 86 wherein the Supreme Court while dealing with the validity of the similar order passed by the -4- State Commission set aside the order of the State Commission, Haryana with the following observations: . The State Commission of Haryana did not give any reason for dismissing the first appeal. That order was confirmed by the National Commission. Inasmuch as there was no discussion by the State Commission in the first appeal and for the reasons given by us in the order which we have passed on 21-7-2000, the orders of the National Commission and the State Commission are set aside and the matter is remanded to the State Commission to dispose of the case in accordance with law and in the light of the order passed by us on 21-7-2000 after giving notice to the parties. 6. The appeal is allowed and disposed of accordingly. There will be no order as to costs. 6. In view of the ratio of the aforesaid judgment of the Supreme Court, the impugned order suffers from infirmity being non-speaking order and cannot be sustained. Accordingly, the revision petition is accepted and the impugned order is set aside. The matter is remanded back to the State Commission with the direction to hear the parties on merits and dispose of the appeal by a reasoned order referring to the facts of the case as also the arguments of the respective parties. Parties are directed to appear before the State Commission on 25.04.2013. The State Commission is requested to dispose of the appeal within three months. -5- 7. The revision petition is disposed of accordingly with no order as to costs.

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
SURESH CHANDRA
MEMBER

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