NCDRC

NCDRC

RP/2438/2008

DR. K. RAMANUJA & ORS - Complainant(s)

Versus

SEAIR TRAVEL & TRADING PVT. LTD. - Opp.Party(s)

M/S. K. RADHA

01 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2438 OF 2008
 
(Against the Order dated 28/01/2008 in Appeal No. 2115/2007 of the State Commission Karnataka)
1. DR. K. RAMANUJA & ORS
Janai Hospital, Raghunath Ressy Building, Mookandapally, Hosur
2. K. UMA
Resident of 129, 50th Road, Hanumathanagar
Bangalore - 19
Karnataka
3. SMT. BINDU
Resident of Farm House, Alambody Village & Post, Malur Taluk
Kolar
Karnataka
4. BABY NIHIRA
Resident of Farm House, Alambody Village & Post, Malur Taluk
Kolar
Karnataka
...........Petitioner(s)
Versus 
1. SEAIR TRAVEL & TRADING PVT. LTD.
1,J Block,Unity Building, J.C. Road
Bangalore - 560 002
Karnataka
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :
Mrs. Radha, Advocate
For the Respondent :MR. JAMSHED BEY

Dated : 01 Aug 2013
ORDER

This Revision Petition has been filed by the petitioner against the impugned order dated 28.01.2008 passed by learned State Commission in Appeal No. 2115/2007 & 2152/2007 by which while allowing Appeal No. 2115/2007 filed by opposite party/respondent, order of District Forum allowing complaint was modified and deleted payment of Rs. 15,000/- as compensation but allowed 12% p.a. interest against which this Revision Petition has been filed. Learned counsel for the petitioner submitted that petitioner appeal no. 2152/2007 has not been decided by learned State Commission vide impugned order whereas title of impugned order depicts number of both the appeals. Learned counsel for the respondent also agrees that appeal no. 2152/2007 filed by the petitioner has not been disposed of in the body of the order. It appears that learned State Commission wanted to decide both the appeals by the common impugned order but by inadvertence appeal no. 2152/2007 filed by the petitioner has not been disposed of as no finding pertaining to appeal no. 2152/2007 has been given in the impugned order. Impugned order pertains to only appeal no. 2115/2007, whereas both the appeals were to be decided simultaneously by common order as both appeals arise out of the single order of the District Forum. In such circumstances, we have no option except to set aside the impugned order and remand back the matter to learned State Commission for disposal of both the appeals. Consequently, Revision Petition filed by the petitioner is allowed and impugned order dated 28.01.2008 passed by learned State Commission in appeal no. 2115/2007 and appeal no. 2152/2007 is set aside and learned State Commission is directed to decide both the appeals simultaneously by a common order after giving an opportunity of being heard to both the parties. Parties are directed to appear before learned State Commission on 06.09.2013.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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