Tribunals and Commissions

K. SEEMA SHUKLA vs GLOBEX INTERNATIONAL COMPUTERS And SERVICES

National Consumer Disputes Redressal Commission · Decided on 4 November 1992 · Citation: 1994 1 CLT 324

HON’BLE JUDGES
V.Balakrishna Eradi , A.S.Vijayakar , Y.Krishan , B.S.Yadav J.
RESULT
Appeal allowed
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Judgment

1 paragraphs · 187 words
1.

-ON a perusal of the order passed by the State Commission, it would appear that the State Commission has on its own without hearing all the parties in the case come to the conclusion after perusal of the Complaint Petition that the complainant cannot be regarded as a Consumer since she had purchased the Computer System for a "Commercial purpose". We do not think that the procedure adopted by the State Commission was consistent with the Principles of Natural Justice Before recording an adverse finding of fact or law against the Complainant, it was mandatory under law to afford an opportunity of being heard to the Complainant. Inasmuch as this requirement had not been complied with while passing the impugned order, we set aside the impugned order and remand the case to the State Commission of Madhya Pradesh for fresh disposal in accordance with law, after affording a full and fair opportunity to both sides to substantiate the contentions taken by them in their respective pleadings. The appeal is allowed to the limited extent as indicated above. The parties will bear their respective costs. Appeal allowed.