Heard learned counsel for the appellant and the learned counsel for the respondents in all the appeals.

Six of these appeals were admitted on 07.08.2023 and the following order was passed on the said date:

“Admit.

Issue notice to the respondents.

The contention raised by the learned counsel for the appellant is that in view of the order of remand passed by the National Commission on 14.09.2022, which directed the State Commission to decide the matter on merits afresh, the State Commission has in a cryptic way proceeded to dispose of the complaint by recording its conclusions only in one paragraph that is paragraph 11, which is extracted herein under:

“11. With the detailed background of the matter as above, we note that; from the very fact of Hon’ble National Commission directing us to dispose the matter on its merits; Opposite Parties’ objections as to Complainant being a Consumer and those as to limitation can be considered as having been effectively dismissed.”

On a careful perusal thereof, we are satisfied that the State Commission assumed that the objections on the issue of complainant being a ‘consumer’ and ‘limitation’ can be considered as having been effectively dismissed previously. Such recording of finding prima facie cannot be sustained in law in as much as, once the earlier order of the State Commission had been set aside with a direction to proceed to decide the matter afresh on merits, there cannot be an assumption as to final decision on the issues raised and a fresh decision ought to have been taken after recording reasons. This does not appear to have been done, as such we are compelled to issue notice.

Let the matter be listed on 16.02.2024.

Until further orders of the court, the directions given by the State Commission in the impugned order dated 26.04.2023, shall remain stayed.” 

The seventh appeal being First Appeal No. 783 of 2023 was admitted on 22.08.2023 and connected with the said appeals.  

At the stage of admission itself, the Commission found that the State Consumer Disputes Redressal Commission, Goa (hereinafter referred to as the State Commission) has proceeded to dispose of the complaints by only recording conclusions without any reasons.  A prima facie satisfaction was therefore indicated in the said order for admitting the appeals.

Having heard learned counsel for the parties, learned counsel for the respondents has been unable to dispute this position and the status of the impugned orders that the same are bereft of reasons and proceed on incorrect assumptions.  Consequently, the prima facie opinion expressed on 07.08.2023 at the time of admission as quoted and highlighted above therefore stands confirmed.

Consequently, the impugned orders dated 26.04.2023 passed in all the complaints that have given rise to the present appeals are set aside and the matter is remitted back to the State Commission for deciding the matter afresh keeping in view the earlier orders passed by this Commission.  The parties shall appear before the State Commission on 15.03.2024 and the State Commission shall endeavour to dispose of the complaints expeditiously keeping in view the fact that the complaints are of the year 2012 and require an early disposal.  It is expected that the State Commission proceeds to dispose of the matter preferably within six months.

With the aforesaid observations, all the appeals are allowed.  The matter stands remitted to the State Commission for hearing of the matters as indicated above.