NCDRC

NCDRC

RP/1949/2011

JODHPUR VIDYUT VITRAN NIGAM LTD. & ANR. - Complainant(s)

Versus

PHUSSARAM - Opp.Party(s)

MR. S.N. BOHRA

15 Dec 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1949 OF 2011
 
(Against the Order dated 07/02/2011 in Appeal No. 92/2011 of the State Commission Rajasthan)
1. JODHPUR VIDYUT VITRAN NIGAM LTD. & ANR.
ASSITANT ENGINEER,RALALDASER, TEJSIL, RATANGARH
CHURU
RAJASTHAN
2. MANAGING DIRECTOR
JODHPUR VIDHYUT VITRAN NIGAM LIMITED
JODHPUR
RAJASTHAN
...........Petitioner(s)
Versus 
1. PHUSSARAM
ALSAARBAS TEHSIL, RATANGARH
CHURU
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MR. S. K. NAIK, PRESIDING MEMBER

For the Petitioner :MR. S.N. BOHRA
For the Respondent :
Mr. Sandeep Sharma, Advocate

Dated : 15 Dec 2011
ORDER

Heard the learned counsel for the parties. Limited notice in this case was issued to the respondent to show cause as to why the impugned order be not set aside and the case remitted back to the State Commission for a fresh decision. Learned counsel for the petitioner has referred to order passed by a Bench presided over by the Honle President in RP No. 2457 / 2011 dated 14.11.2011 and this Commission has taken exception to the disposal of the appeal by an non-speaking order and hence held the view that the State Commission being the court of fact was required to record findings of facts after noticing the contentions raised by the parties and set aside the State Commission order and remitted the revision petition back to the State Commission to decide it afresh. Facts of the present petition are no different inasmuch as State Commission in this matter also has disposed off the appeal without reverting to the contentions raised by the parties in the appeal by passing a cryptic order. In keeping with the view already taken by the Bench presided over by the Honle President, this being a similar matter, is remitted back to the State Commission for fresh decision in accordance with law. Parties, through their respective counsel, are directed to appear before the State Commission on 24.01.2012.

 
......................
S. K. NAIK
PRESIDING MEMBER

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