LAWS(NCD)-2013-3-44

RAJESH GUPTA Vs. MOHAN LAL GUPTA

Decided On March 20, 2013
RAJESH GUPTA Appellant
V/S
MOHAN LAL GUPTA Respondents

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioner/OP against the order dated 28.03.2012 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, 'the State Commission ') in Appeal No. 1856 of 2011 - Dr. Rajesh Gupta (Dentist) Vs. Mohan Lal Gupta by which, while dismissing appeal, order passed by learned District Forum allowing complaint was upheld.

(2.) BRIEF facts of the case are that complainant/respondent filed complaint before the District Forum alleging deficiency on the part of petitioner/OP in making artificial denture and charging Rs.3500/ - for the aforesaid work and prayed for direction to the OP to refund Rs.3500/ - charged for artificial denture, Rs.10,000/ - towards mental agony and Rs.2100/ - towards litigation expenses. OP contested the complaint and denied any deficiency in making artificial denture and prayed for dismissal of the complaint. Learned District Forum after hearing both the parties, allowed complaint and directed petitioner/OP to pay Rs.3500/ - as cost of artificial denture, Rs.5,000/ - towards mental agony and Rs.2000/ - as litigation expenses. Appeal filed by the petitioner was dismissed by learned State Commission against which, this revision petition has been filed.

(3.) LEARNED Counsel for the petitioner submitted that impugned order is not a speaking order and learned State Commission has not dealt with the arguments submitted by the petitioner; hence, petition be allowed and matter may be remanded back to the learned State Commission for disposal by speaking order. On the other hand, learned Counsel for the respondent submitted that District Forum has elaborately discussed submissions of the parties and order passed by learned State Commission is in accordance with law; hence, petition be dismissed.