TDI INFRASTRUCTURE LTD Vs. BIMLA DEVI & ANR

JUDGEMENT

(1.) This revision is directed against the order of the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, "the State Commission") dated 16.5.2013 in first appeal No.195/2013 whereby the State Commission affirmed the order of the District Forum and dismissed the appeal preferred by the petitioner with following observation: -

(2.) We have heard learned counsel for the parties and perused the record. On careful reading we find that the order of the State Commission is bereft of the reason for dismissal of the appeal. The State Commission has neither referred to the grounds of appeal nor the submissions made on behalf of the petitioner/appellant. Thus, the order of the State Commission being a non-speaking order is not sustainable and liable to be set aside. Similar issue came up before the Supreme Court in the matter HVPNL vs. Mahavir, 2004 10 SCC 86 wherein the Supreme Court while dealing with the validity of the similar order passed by the State Commission set aside the order of the State Commission, Haryana with the following observations:

(3.) In view of the law laid down by the Supreme Court the impugned order being non-speaking order cannot be sustained. We, therefore, allow the revision petition and set aside the impugned order. Matter is remanded back to the State Commission with the direction to dispose of the appeal on merit after due hearing to the parties. Parties are directed to appear before the State Commission on 23.9.2015. The State Commission is requested to dispose of the appeal within six weeks.