NCDRC

NCDRC

RP/3005/2006

BSES RAJDHANI POWER LTD. - Complainant(s)

Versus

DR. M. ARORA - Opp.Party(s)

M/S. ALAG & ASSOCIATES

30 Aug 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 3005 OF 2006
(Against the Order dated 26/07/2006 in Appeal No. 422/2006 of the State Commission Delhi)
1. BSES RAJDHANI POWER LTD.NAHAFGARH NEW DELHI 110043 ...........Petitioner(s)
Versus
1. DR. M. ARORAc-2/c12 /130. JANAKPUR - NEW DELHI -110043 ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.K. BATTA ,PRESIDING MEMBERHON'BLE MR. VINAY KUMAR ,MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 30 Aug 2010
ORDER

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Heard Counsel for the Petitioner and Respondent who appears in person. Counsel for the Petitioner has submitted before us that the State Commission without issuing notice has awarded Rs.20,000/- as punitive damages in favour of the Complainant in addition to compensation of Rs.25000/- which was awarded by the District Forum. Award of punitive damages without notice and hearing of Respondent cannot obviously be sustained. In fact, the matter is required to be remanded to the State Commission for rehearing the matter by giving due opportunity to the Respondent. In view of this, the revision is allowed and the order of the State Commission is set aside. The matter is remanded to the State Commission for disposal in accordance with law after hearing both the parties. Both the parties shall appear before the State Commission on 21.9.2010 and State Commission may fix a date for final hearing. Dasti copy of this order be given to both sides.


......................JR.K. BATTAPRESIDING MEMBER
......................VINAY KUMARMEMBER