H.B. M. PANTH Vs. ASKARI HUSSAIN

JUDGEMENT

(1.) The present three Appeals have been filed by the Appellants against the impugned Order dtd. 4/12/2012 passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh in Complaint No. 13 of 2006, vide which the Complaint filed by the Complainants was partly allowed.

(2.) These three Appeals were earlier heard by the Division Bench presiding by Hon'ble Dr. S.M Kantikar, Presiding Member and Hon'ble Mr. Dinesh Singh, Member. The Presiding Member had allowed the Appeal and dismissed the Complaint. Hon'ble Mr. Dinesh Singh, Member had disposed off the Appeals by confirming the findings of deficiencies/Negligence arrived at by the State Commission, but had reduced the rate of interest of delay in compliance with modification in the manner of payment. The point of dissent within the Division Bench had been articulated by the aforesaid Hon'ble Members as follows:

(3.) The facts and question of law involved in these three Appeals are identical. However, for the sake of convenience, First Appeal No. 30 of 2013 is treated as the lead case and the facts enumerated hereinafter are taken from the same.