NCDRC

NCDRC

RP/3988/2012

HERO ELECTRIC - Complainant(s)

Versus

RAKESH KUMAR & ANR. - Opp.Party(s)

M/S. INDIAN LAW PARTNERS

12 Apr 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3988 OF 2012
 
(Against the Order dated 25/04/2012 in Appeal No. 440/2012 of the State Commission Rajasthan)
1. HERO ELECTRIC
50,Okhla Industrial Estate-III
NEW DELHI - 110020
...........Petitioner(s)
Versus 
1. RAKESH KUMAR & ANR.
S/o Sh Kishan Lal Ji, Didivaniya, R/o C-364,Sanjay Colony , Nehru Road
BHILWARA
RAJASTHAN
2. M/s Kalpana Auto,
Nagori Garden,
BHILWARA
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr.Vikas Tomar, Advocate
For the Respondent :
Mr.Prakash Sharma, Advocate

Dated : 12 Apr 2013
ORDER

State Commission has dismissed the appeal by a non-speaking order.

        State Commission, being the first court of appeal, is the final court of fact and was required to record reasons in support of the conclusions arrived at after referring to the contentions raised by the counsel for the parties.

        In view of the law laid down by this Commission in Terex Vectra Equipment Pvt. Ltd. vs. Meharchand & Ors. – Revision petition No.3736/2012 dated 9.4.2013, the order of the State Commission cannot be sustained and is accordingly set aside.  The case is remitted back to the

2

 

State Commission to decide it afresh in accordance with law in the light of the observations made by this Commission in Terex Vectra Equipment Pvt. Ltd. case (supra), copy of which has already been sent to the State Commission.

        Parties, through counsel, are directed to appear before the State Commission on 27.5.2013.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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