NCDRC

NCDRC

FA/392/2007

M/S. JAIN IRRIGATION SYSTEMS PVT LTD. - Complainant(s)

Versus

T. NAGAIAH AND ORS. - Opp.Party(s)

M/S. S. NARAIN AND CO.

16 Oct 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
APPEAL NO. 392 OF 2007
 
(Against the Order dated 13/03/2007 in Complaint No. 4/2004 of the State Commission Andhra Pradesh)
1. M/S. JAIN IRRIGATION SYSTEMS PVT LTD.
BHANHERI JALGAON
MAHARASHTRA
MAHARASHTRA
...........Appellant(s)
Versus 
1. T. NAGAIAH AND ORS.
R/O BELLAMPALLI
ADILABAD DIST
ADILABAD DIST
...........Respondent(s)

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

For the Appellant :
Mr.Sandeep Narain and Ms.Shalu Lal,
Advocates
For the Respondent :
For Respondent No.1 : Ms.Vinita Sasidharan, Advocate
For Respondent No.2 : Mr.A.Venayagam Balan, Advocate
For Respondents 3,4 : Proceeded ex parte vide order dt.29.8.12

Dated : 16 Oct 2012
ORDER

State Commission allowed the complaint filed by the respondent without providing an opportunity to the parties to lead evidence in support of their respective claims/contentions.

        Counsel for the appellant and respondent/complainant are agreed that the impugned order be set aside and the case remitted back to the State Commission to decide it afresh after providing opportunity to the parties to lead evidence in support of their claims.

        In view of the concession made by the counsel for the parties, impugned order is set aside and the case is remitted back to the State Commission to decide it afresh after providing opportunity to the parties to lead evidence in support of their claims.

        All contentions are left open.

        Parties, through their counsel, are directed to appear before the State Commission on 26.11.2012.

Since this is an old matter, we would request the State Commission to dispose of the matter as expeditiously as possible and preferably within a period of 6 months from the date of first appearance.  Parties would be at liberty to lead evidence in support of their contentions.

Office is directed to refund the sum of Rs.7,35,000/- deposited by the appellant with this Commission along with interest accrued thereon.

 

 

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

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