NCDRC

NCDRC

RP/697/2013

JHUNJHUNU CENTRAL COOPERATIVE BANK LTD. - Complainant(s)

Versus

RAJDULARI & ANR. - Opp.Party(s)

MR. SURESH CHARAN

22 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 696 OF 2013
 
(Against the Order dated 24/09/2012 in Appeal No. 140/2012 of the State Commission Rajasthan)
1. JHUNJHUNU CENTRAL COOPERATIVE BANK LTD.
THROUGH BRANCH MANAGER, CHIRAWA,
JHUNJHUNU
RAJASTHAN
...........Petitioner(s)
Versus 
1. KULDEEP & ANR.
S/O SHRI SHUBHASH, R/O BAKHTWARPURA TEHSIL CHIRAWA,
JHUNJHUNU
RAJASTHAN
2. INDIAN AGRICULTURE INSURENCE CO LTD.,
THROUGH ITS REGIONAL MANAGER, UPASANA, TOWER, 4TH FLOOR, C-98 SUBHASH MARG, C- SCHEME , NEAR AHINSA CIRCLE,
JAIPUR
RAJASTHAN
...........Respondent(s)
REVISION PETITION NO. 697 OF 2013
 
(Against the Order dated 24/09/2012 in Appeal No. 141/2012 of the State Commission Rajasthan)
1. JHUNJHUNU CENTRAL COOPERATIVE BANK LTD.
THROUGH BRANCH MANAGER, CHIRAWA,
JHUNJHUNU
RAJASTHAN
...........Petitioner(s)
Versus 
1. RAJDULARI & ANR.
W/O SHRI SANJEEV, R/O BAKHTWARPURA TEHSIL CHIRAWA,
JHUNJHUNU
RAJASTHAN
2. INDIAN AGRICULTURE INSURENCE CO LTD.,
THROUGH ITS REGIONAL MANAGER, UPASANA, TOWER, 4TH FLOOR, C-98 SUBHASH MARG, C- SCHEME , NEAR AHINSA CIRCLE,
JAIPUR
RAJASTHAN
...........Respondent(s)
REVISION PETITION NO. 698 OF 2013
 
(Against the Order dated 24/09/2012 in Appeal No. 142/2012 of the State Commission Rajasthan)
1. JHUNJHUNU CENTRAL COOPERATIVE BANK LTD.
THROUGH BRANCH MANAGER, CHIRAWA,
JHUNJHUNU
RAJASTHAN
...........Petitioner(s)
Versus 
1. MUKESH & ANR.
W/O SHRI BANTI RAM, R/O BAKHTWARPURA TEHSIL CHIRAWA,
JHUNJHUNU
RAJASTHAN
2. INDIAN AGRICULTURE INSURENCE CO LTD.,
THROUGH ITS REGIONAL MANAGER, UPASANA, TOWER, 4TH FLOOR, C-98 SUBHASH MARG, C- SCHEME , NEAR AHINSA CIRCLE,
JAIPUR
RAJASTHAN
...........Respondent(s)
REVISION PETITION NO. 699 OF 2013
 
(Against the Order dated 24/09/2012 in Appeal No. 143/2012 of the State Commission Rajasthan)
1. JHUNJHUNU CENTRAL COOPERATIVE BANK LTD.
THROUGH BRANCH MANAGER, CHIRAWA,
JHUNJHUNU
RAJASTHAN
...........Petitioner(s)
Versus 
1. RAJPAL & ANR.
S/O SHRI BHAIGIRATH, R/O BAKHTWARPURA TEHSIL CHIRAWA,
JHUNJHUNU
RAJASTHAN
2. INDIAN AGRICULTURE INSURENCE CO LTD.,
THROUGH ITS REGIONAL MANAGER, UPASANA, TOWER, 4TH FLOOR, C-98 SUBHASH MARG, C- SCHEME , NEAR AHINSA CIRCLE,
JAIPUR
RAJASTHAN
...........Respondent(s)
REVISION PETITION NO. 700 OF 2013
 
(Against the Order dated 24/09/2012 in Appeal No. 144/2012 of the State Commission Rajasthan)
1. JHUNJHUNU CENTRAL COOPERATIVE BANK LTD.
THROUGH BRANCH MANAGER, CHIRAWA,
JHUNJHUNU
RAJASTHAN
...........Petitioner(s)
Versus 
1. RAMESH & ANR.
S/O SHRI BIHARI LAL, R/O BAKHTWARPURA TEHSIL CHIRAWA,
JHUNJHUNU
RAJASTHAN
2. INDIAN AGRICULTURE INSURENCE CO LTD.,
THROUGH ITS REGIONAL MANAGER, UPASANA, TOWER, 4TH FLOOR, C-98 SUBHASH MARG, C- SCHEME , NEAR AHINSA CIRCLE,
JAIPUR
RAJASTHAN
...........Respondent(s)
REVISION PETITION NO. 701 OF 2013
 
(Against the Order dated 24/09/2012 in Appeal No. 145/2012 of the State Commission Rajasthan)
1. JHUNJHUNU CENTRAL COOPERATIVE BANK LTD.
THROUGH BRANCH MANAGER, CHIRAWA,
JHUNJHUNU
RAJASTHAN
...........Petitioner(s)
Versus 
1. SANJEEV & ANR.
S/O SHRI BIHARI LAL, R/O BAKHTWARPURA TEHSIL CHIRAWA,
JHUNJHUNU
RAJASTHAN
2. INDIAN AGRICULTURE INSURENCE CO LTD.,
THROUGH ITS REGIONAL MANAGER, UPASANA, TOWER, 4TH FLOOR, C-98 SUBHASH MARG, C- SCHEME , NEAR AHINSA CIRCLE,
JAIPUR
RAJASTHAN
...........Respondent(s)
REVISION PETITION NO. 702 OF 2013
 
(Against the Order dated 24/09/2012 in Appeal No. 146/2012 of the State Commission Rajasthan)
1. JHUNJHUNU CENTRAL COOPERATIVE BANK LTD.
THROUGH BRANCH MANAGER, CHIRAWA,
JHUNJHUNU
RAJASTHAN
...........Petitioner(s)
Versus 
1. SUBHASH & ANR.
S/O HEMKARAN , R/O BAKHTWARPURA TEHSIL CHIRAWA,
JHUNJHUNU
RAJASTHAN
2. INDIAN AGRICULTURE INSURENCE CO LTD.,
THROUGH ITS REGIONAL MANAGER, UPASANA, TOWER, 4TH FLOOR, C-98 SUBHASH MARG, C- SCHEME , NEAR AHINSA CIRCLE,
JAIPUR
RAJASTHAN
...........Respondent(s)
REVISION PETITION NO. 703 OF 2013
 
(Against the Order dated 24/09/2012 in Appeal No. 147/2012 of the State Commission Rajasthan)
1. JHUNJHUNU CENTRAL COOPERATIVE BANK LTD.
THROUGH BRANCH MANAGER, CHIRAWA,
JHUNJHUNU
RAJASTHAN
...........Petitioner(s)
Versus 
1. KULDEEP & ANR.
S/O SHRI VINAY KUMAR, R/O BAKHTWARPURA TEHSIL CHIRAWA,
JHUNJHUNU
RAJASTHAN
2. INDIAN AGRICULTURE INSURENCE CO LTD.,
THROUGH ITS REGIONAL MANAGER, UPASANA, TOWER, 4TH FLOOR, C-98 SUBHASH MARG, C- SCHEME , NEAR AHINSA CIRCLE,
JAIPUR
RAJASTHAN
...........Respondent(s)
REVISION PETITION NO. 704 OF 2013
 
(Against the Order dated 24/09/2012 in Appeal No. 148/2012 of the State Commission Rajasthan)
1. JHUNJHUNU CENTRAL COOPERATIVE BANK LTD.
THROUGH BRANCH MANAGER, CHIRAWA,
JHUNJHUNU
RAJASTHAN
...........Petitioner(s)
Versus 
1. BOONTI RAM & ANR.
S/O SHRI SUBHASH, R/O BAKHTWARPURA TEHSIL CHIRAWA,
JHUNJHUNU
RAJASTHAN
2. INDIAN AGRICULTURE INSURENCE CO LTD.,
THROUGH ITS REGIONAL MANAGER, UPASANA, TOWER, 4TH FLOOR, C-98 SUBHASH MARG, C- SCHEME , NEAR AHINSA CIRCLE,
JAIPUR
RAJASTHAN
...........Respondent(s)
REVISION PETITION NO. 705 OF 2013
 
(Against the Order dated 24/09/2012 in Appeal No. 149/2012 of the State Commission Rajasthan)
1. JHUNJHUNU CENTRAL COOPERATIVE BANK LTD.
THROUGH BRANCH MANAGER, CHIRAWA,
JHUNJHUNU
RAJASTHAN
...........Petitioner(s)
Versus 
1. BIHARI & ANR.
S/O SHRI HEMKARAN, R/O BAKHTWARPURA TEHSIL CHIRAWA,
JHUNJHUNU
RAJASTHAN
2. INDIAN AGRICULTURE INSURENCE CO LTD.,
THROUGH ITS REGIONAL MANAGER, UPASANA, TOWER, 4TH FLOOR, C-98 SUBHASH MARG, C- SCHEME , NEAR AHINSA CIRCLE,
JAIPUR
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. VINEETA RAI, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr. Suresh Charan, Advocate
For the Respondent :
Mr. Sanjiv Sharma, Advocate for R-2
NEMO for R-1

Dated : 22 Aug 2013
ORDER

Counsel for the petitioner and counsel for Respondent No.2 are present.   Despite service neither respondent No.1 nor his counsel is present. 

Counsel for the petitioner seeks permission to carry out a correction in the nomenclature of Respondent No.2 viz. Agriculture Insurance Company of India Limited instead of Indian Agriculture Insurance Co. Ltd., which is permitted.

Counsel for the Respondent No.2 has no objection to the request to carry out this correction.

The State Commission has passed a non-speaking order and has only recorded that there is no reason for it to reanalyze all the facts and evidences because there is no fault found in the order passed by the Learned District Forum, Jhunjhunu.  The State Commission being the first court of appeal is the final court of fact and is required to record the reasons in support of the conclusion arrived at.  A similar order passed by the State Commission was set aside by us by a detailed order in Revision Petition No. 3736/2012 Terex Vectra Equipment Pvt. Ltd. Vs. Mehar Chand decided on 09.04.2013. 

The impugned order of the State Commission is set aside in terms of the order passed in Terex Vectra’s case (supra).

The case is therefore remitted back to the State Commission to decide it afresh in accordance with law.  The State Commission is directed to decide this appeal in terms of the directions issued by us in the aforesaid case.

          Parties are directed to appear before the State Commission on 27.09.2013.     

 
......................
VINEETA RAI
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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