NCDRC

NCDRC

RP/2772/2011

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

Versus

PRAKARTIK SOCIETY - Opp.Party(s)

M/S. NANDWANI & ASSOCIATES

24 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2772 OF 2011
 
(Against the Order dated 13/05/2011 in Appeal No. 110/2011 of the State Commission Rajasthan)
1. JAIPUR VIDYUT VITRAN NIGAM LTD. & ANR.
Jaipur Vidytu Vitran Nigam Ltd,
Sawai Madopur
Rajasthan
2. Executive Enginner,
Jaipur Vidyut Vitran Nigam Ltd
Sawai Madopur
Rajasthan
...........Petitioner(s)
Versus 
1. PRAKARTIK SOCIETY
C/o. Ranathabhore Sewika Hospital, Village/Post-Shaympura-Khilchipur
Sawai Madopur
Rajasthan
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V. B. GUPTA, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr. K.L.Nandwani, Advocate
For the Respondent :
Mr. Pallav Sharma, Advocate

Dated : 24 May 2012
ORDER

Heard.

Main contention of learned counsel for petitioner is that the State Commission dismissed the petitioner’s appeal at the admission stage without giving any single reason to indicate the application of judicial mind to the factual position and legal submissions.

Appeal filed by the petitioner was dismissed by the State Commission, vide impugned order dated 13.5.2011 and relevant portion of it  reads as under ;

“Keeping in view all the facts and circumstances of the case, there is no error in the order dated 16.12.2010 passed in complaint No.119 of 2007 by District Consumer Disputes Redressal Forum, Savai Madhopur.  The order of the District Forum is based on facts in which there is no need for interfere and the appeal of the appellant being without any force is liable to be dismissed.  Therefore, the appeal of the appellant is dismissed and the orders of the District Consumer Disputes Forum, Savai Madhopur dated 16.12.2010 passed in complaint No.119/2007 are confirmed.”

 

After perusal of the impugned order, we find that appeal has been dismissed by the State Commission by making general observations that there is no error in the order of the District Forum.  Passing of a non-speaking order is against the principle of natural justice.  Hence, we are incline to allow this appeal and to remand the matter at the admission stage itself. 

We, therefore, allow this petition.  Impugned order is set aside and  matter is remanded  to the State Commission with directions to consider the same on merits and to decide the same after giving due reasons.

State Commission shall make endeavor to dispose of the appeal preferably, within a period of six months from the date of receipt of the order.

Revision petition stands disposed of accordingly.

Parties are directed to appear before the State Commission on 16.7.2012.

Dasti.        

 

 
......................J
V. B. GUPTA
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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