NCDRC

NCDRC

RP/2532/2014

KAJOD MAL SHARMA (SINCE DECEASED) THROUGH LRS. MR. MUKESH KUMAR SHARMA - Complainant(s)

Versus

JAIPUR VIDYUT VITRAN NIGAM LTD. & ANR. - Opp.Party(s)

IN PERSON

20 Aug 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2532 OF 2014
 
(Against the Order dated 11/04/2014 in Appeal No. 277/2014 of the State Commission Rajasthan)
1. KAJOD MAL SHARMA (SINCE DECEASED) THROUGH LRS. MR. MUKESH KUMAR SHARMA
S/O RAM SAHAI (SINCE DECEASED) THROUGH HIS LEGAL REP MUKESH KUMAR SHARMA, S/O KAJOD MAL SHARMA, R/O VILLAGE KUNDAL TEHSIL &
DISTRICT : DAUSA
RAJASTHAN
...........Petitioner(s)
Versus 
1. JAIPUR VIDYUT VITRAN NIGAM LTD. & ANR.
VIDHYUT BHAWAN, JYOTI NAGAR, THROUGH ITS CHAIRMAN & MANAGING DIRECTOR,
JAIPUR
RAJASTHAN
2. JAIPUR VIDHYUT VITRAN NIGAM LTD.,
THROUGH ASSISTANT ENGINEER,
DAUSA (RURAL)
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.K. AGRAWAL,PRESIDENT
 HON'BLE MRS. M. SHREESHA,MEMBER

For the Petitioner :
In person
For the Respondent :
Mr. Anish Sharma, Advocate with
Mr. Ajatshatru S. Mina, Advocate

Dated : 20 Aug 2019
ORDER

1.     The present Revision Petition has been filed against the order dated 11-04-2014 passed by the Rajasthan State Consumer Disputes Redressal Commission, Bench No.01 at Jaipur (hereinafter referred to as the State Commission) whereby the Appeal preferred by the Petitioner herein has been dismissed and the order passed by the District Forum, Dausa, has been confirmed.

2.     We have heard Mr. Mukesh Kumar Sharma, who has appeared in person on behalf of the Petitioner, and Mr. Anish Sharma, Learned Counsel for the Respondents and have perused the impugned order passed by the State Commission.

3.     From a perusal of the impugned order, we find that the State Commission, while deciding the Appeal have not given any reasons as to why it did not find any error in the order passed by the District Forum. The State Commission was deciding an Appeal and not a Revision Petition. The Appeal before the State Commission was on both, the facts and the law, and, therefore, it was expected from the State Commission to decide all the pleas raised by the parties before it and give reasons, may be in brief, either accepting or rejecting the submissions advanced by the Appellant, which has not been done in the present case.

4.     We are, therefore, left with no other option but to restore the Appeal on the file of the State Commission with a request to the State Commission to decide the Appeal expeditiously, in accordance with law, preferably within a period of three months from the date a certified copy of this order is filed before the State Commission, which the Petitioner shall file on or before 29-08-2019.

5.     With the aforesaid observations, the Revision Petition stands disposed of.

6.     Order dasti.

 
......................J
R.K. AGRAWAL
PRESIDENT
......................
M. SHREESHA
MEMBER

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