NCDRC

NCDRC

RP/3961/2011

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

Versus

SH. UGAMA & ANR. - Opp.Party(s)

M/S. NANDWANI & ASSOCIATES

08 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3961 OF 2011
 
(Against the Order dated 19/08/2011 in Appeal No. 1429/2011 of the State Commission Rajasthan)
1. AJMER VIDYUT VITRAN NIGAM LTD. & ANR.
through Executive Engineer, AVVNL , Bhilwara Circle
Bhilwara
Rajasthan
2. Assitantant Engineer,
Ajmer Vidhyut Vitran Nigam Ltd., Asind
Bhilwara
Rajasthan
...........Petitioner(s)
Versus 
1. SH. UGAMA & ANR.
S/o Shri Choga Teli R/o Dholi Panchayat Motipur, tehsil Asind
bhilwara
Rajasthan
2. Sh Jagroop, S/o Shri Choga Teli
R/o Dholi Panchayat Motipur, tehsil Asind
bhilwara
Rajasthan
...........Respondent(s)

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

For the Petitioner :
Mr. K.L. Nandwani, Advocate
For the Respondent :
In person

Dated : 08 May 2012
ORDER

ORDER

On a contention raised by the counsel for the petitioner that the order of the State Commission was a non-speaking order, limited notice was issued to the respondents to show cause as to why the impugned order be not set aside and the case remitted back to the State C omission for a fresh decision.

Respondent has put in appearance in person.

We have gone through the order passed by the State Commission. The State Commission has simply endorsed the finding recorded by the District Forum. State Commission without noting the contentions raised by the counsel for the parties and recording any reasons in support of the conclusion arrived at, upheld the order passed by the District Forum.

-2-

 

State Commission being the first court of appeal is the final court of fact. The State Commission being the final court of fact, is required to record its reasons in support of the conclusions arrived at.

We are not satisfied with the order passed by the State Commission. The order being non-speaking is set aside and the case is remitted back to the State Commission to decide it afresh in accordance with law.

Parties through counsel are directed to appear before the State Commission on 9.7.2012.

A copy of this order be sent to the Registrar of the State Commission, who is directed to place the same before the President of the State Commission for his perusal. Repeatedly we are getting non-speaking orders passed by the Rajasthan State Commission. State Commission is directed to pass speaking orders in the  appeals filed before it.

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

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