NCDRC

NCDRC

RP/229/2011

SITA RAM LOT - Complainant(s)

Versus

STATE BANK OF INDIA - Opp.Party(s)

MR. PREM KUMAR CHUGH

12 May 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 229 OF 2011
 
(Against the Order dated 06/10/2010 in Appeal No. 1206/2008 of the State Commission Rajasthan)
1. SITA RAM LOT
Resident of C/o. Gori Shankar Pandit, Ward No. 15, Near Bapu Colony, Kashi Puri
Bhilwara
Rajasthan
...........Petitioner(s)
Versus 
1. STATE BANK OF INDIA
Through Manager, Local Office Paich Area
Bhilwara
Rajasthan
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V. R. KINGONKAR, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :MR. PREM KUMAR CHUGH
For the Respondent :
Sh. Yash Pal Garg, Advocate.

Dated : 12 May 2011
ORDER

We have heard counsel for the parties. We have perused the impugned order. The relevant part of the impugned order reads as below:- onsidering the facts and circumstances of the case, we do not feel to interfere in the order passed by the District Forum. Resultantly, confirming the order dated 25.03.2008 passed by the District Forum, Bhilwada in complaint No. 138/2007, the appeal of the appellant is dismissed. Nobody will deny that the order impugned is rather non-speaking order. There appears to be no application of judicial mind. The quasi judicial authority is required to consider the relevant material and assign reasons while passing such order. The impugned order is bereft of any reason. In this view of the matter, we are of the opinion that the impugned order is not a quasi judicial order in the eye of law. The State Commission was required to consider the rival contentions and the relevant material and assign proper reasons as to why the order of the District Forum was being confirmed. In the absence of any exercise of quasi judicial nature, the impugned order is liable to be interfered with. In the result we allow the Revision Petition and remand the matter to the State Commission. The appeal No. 1206 of 2008 shall be deemed to restore to its original position. The parties to appear before the State Commission on 09.08.2011. State Commission shall hear the Ld. Counsel for the parties and shall decide the appeal afresh on merits thereof by applying judicial mind and assigning reasons. The appeal to be decided on its own merits and all the points are kept open. The Revision Petition is disposed of accordingly with no order as to costs.

 
......................J
V. R. KINGONKAR
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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