BATA INDIA LIMITED Vs. DINESH PARSHAD RATURI

JUDGEMENT

(1.) These two Revision Petitions (RPs) have been filed by the Petitioners against Respondents as detailed above, under sec. 21 (b) of Consumer Protection Act, 1986, against the order dtd. 22/7/2019 in RP/1715/2019 and 19/6/2020 in RP/774/2020 of the State Consumer Disputes Redressal Commission, Chandigarh and Tripura respectively (hereinafter referred to as the State Commission, Chandigarh and State Commission, Tripura), in First Appeal (FA) No. 98 of 2019 (RP/1715/2019) and First Appeal (FA) No. A.4 of 2020 (RP/774/2020) in which order dtd. 9/4/2019 (RP/1715/2019) and 16/1/2020 (RP/774/2020) of District Consumer Disputes Redressal Forum, Chandigarh and Agartala respectively (hereinafter referred to as District Forum, Chandigarh and District Forum, Agartala) in Consumer Complaint (CC) No. 64 of 2019 (RP/1715/2019) and Consumer Complaint (CC) No. 34 of 2019 (RP/774/2020) were challenged, inter alia praying for setting aside the order dtd. 22/7/2019 and 19/6/2020 respectively of the State Commission, Chandigarh and Tripura and order dtd. 9/4/2019 and 16/1/2020 respectively of the District Forum, Chandigarh and Agartal.

(2.) The Revision Petitioner (hereinafter also referred to as Opposite Party) was Appellant before the State Commission, Chandigarh and Tripura and Opposite Party before the District Forum, Chandigarh and Agartala and the Respondent(s) (hereinafter also referred to as Complainant(s)) were Respondent(s) before the State Commission(s) and Complainant(s) before the District Forum(s).

(3.) Notice was issued to the Respondent(s) on 6/9/2019 in RP/1715/2019 and on 7/9/2020 in RP/774/2020. Parties filed Written Arguments on 13/9/2023 (Petitioner) and 7/12/2023 (Respondent) in RP/1715/2019 and on 23/11/2023 (Petitioner) and 28/12/2020 (Respondent) in RP/774/2020. As the issues/legal points involved in both the cases are similar, they are taken up together. However, RP/1715/2019 is treated as the lead case and facts enumerated herein under are taken from RP/1715/2019.