NCDRC

NCDRC

RP/826/2010

DEBRAJ SAHU - Complainant(s)

Versus

TATA COMMUNICATION LTD. & ORS. - Opp.Party(s)

MR. J.P. MISHRA

26 Aug 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 826 OF 2010
(Against the Order dated 08/09/2009 in Appeal No. 684/2009 of the State Commission Orissa)
1. DEBRAJ SAHUAt+PO - Kirei, P.S. SadarSundargarhOrissa ...........Petitioner(s)
Versus
1. TATA COMMUNICATION LTD. & ORS.VSB, 1/18, C.I.T. Scheme - VII-M, VitadargaKolkata - 700054West Bengal2. TATA COMMUNICATION LTD.VSB, Kashinath Dhurumarg, PrabhadeviMumbai - 400028Maharashtra3. CHANNEL SALES MANAGERTata Communication Ltd. 10th Floor, IDCO Tower, JanpathBhubaneswarOrissa ...........Respondent(s)

BEFORE:
HON'BLE MR. ANUPAM DASGUPTA ,PRESIDING MEMBER
For the Petitioner :MR. J.P. MISHRA
For the Respondent :MR. SAIKAT MALI

Dated : 26 Aug 2010
ORDER

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For reasons to be recorded separately, this revision was allowed by the following order of even date: 1. “Heard the Ld. counsel for the parties. For the reasons to be recorded separately, the order of the State Commission is set aside and the matter is remanded back to the State Commission for fresh adjudication of the appeal after affording due opportunity to both the parties. The operation of the order of the District Forum shall, however, remained stayed till the disposal of the appeal.” 2. The reasons are as under: (i) The petitioner was the complainant before the District Consumer Disputes Redressal Forum, Sundergarh-I(in short, ‘the District Forum,’). The allegations of the complainant related to deficiency in service on the part of the opposite parties who are the respondents in this revision petition. (ii) After hearing the parties and considering the pleadings and evidence on record, the District Forum partly allowed the complaint and directed the opposite parties (OPs) to refund to the complainant Rs. 65,000/- with interest @ 10% p.a. from 08.08.2008 till actual payment as well as compensation of Rs. 5,00,000/- for harassment and Rs. 5,000/- as costs. (iii) Aggrieved by this order, the OPs preferred an appeal before the Orissa State Consumer Disputes Redressal Commission, Cuttack (in short, ‘the State Commission’,). By its order dated 08.09.2009, the State Commission allowed the appeal in the following words: “In that view of the matter, we at the very admission stage, allow the First Appeal, set aside the impugned judgment and order of the District Forum, Sundargah-I and direct dismissal of the Consumer Complaint bearing no. 57 of 2009 of the said District Forum as the Forum lacks jurisdiction to entertain the complaint.” Thereafter, the complainant filed this revision petition against the aforesaid order of the State Commission. (iv) The point at issue is extremely limited. It is absolutely clear from the impugned order of the State Commission that it was passed without even issuing a notice to the respondent/complainant/petitioner. The order is, therefore, vitiated by palpable legal infirmity. Hence the above-mentioned order. 3. The parties are directed to appear before the State Commission on 29.10.2010 to receive further instructions.



......................ANUPAM DASGUPTAPRESIDING MEMBER