KINETIC ENGINEERING LTD Vs. SOMASI SAUNAND

JUDGEMENT

(1.) -This is a Revision Petition filed by the Revision Petitioner M/s. Kinetic Engineering Ltd. against the order passed by the State Commission, Maharashtra in Appeal No. 85/92 (dated 10th of March, 1992). By this order the State Commission had modified the order of the District Forum to the extent of directing payment of certain amounts to the complainant on account of registration fee, insurance charges for the Luna Moped and awarding interest on the amount to be paid to the complainant while maintaining the rest of the order of the District Forum. The State Commission also directed the Revision Petitioner before us M/s. Kinetic Engineering Ltd. to place a new Luna Moped or to place a sum of Rs. 7,581/, being the price of the Moped at the disposal of the Dealer (now respondent No. 2) for payment to the complainant (now respondent No. 1). In addition it granted costs Rs. 500/- to the respondent-complainant.

(2.) The revision petitioner has attacked the order of the State Commission on the following grounds :

(3.) We find considerable merit in the grounds on which the revision petitioner has challenged the order of the State Commission. In fact we fail to understand as to how the State Commission passed an order in appeal against the revision petitioner when it was not arrayed as a party before the State Commission and against whom there was no adverse finding in the order of the District Forum appealed against.