RADHEY SHYAM vs Assistant Engineer, Jaipur Vidhyut Vitran Nigam Ltd.

THIS revision petition has been filed by the petitioner against the order dated 1.10.2010 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, ''the State Commission '') in Appeal No. 529 of 2010 - Radheshyam Vs. Jaipur Vidhyut Vitran Nigam by which, appeal was dismissed and order of District Forum dismissing complaint was upheld.

BRIEF facts of the case are that complainant/petitioner filed complaint before District Forum and claimed loss of Rs.2,25,000/ - for a period of 9 years on account of non -release of electricity connection resulting in loss of crop. OP resisted complaint and learned District Forum dismissed complaint. Appeal filed by complainant was dismissed by leaned State Commission vide impugned order against which, this revision petition has been filed.

HEARD learned Counsel for the parties finally at admission stage and perused record. Learned Counsel for the petitioner submitted that order passed by learned State Commission is not a speaking order; hence, revision petition be allowed and impugned order be set aside. Learned Counsel for the respondent submitted that learned District Forum has dealt with all aspects in the order and in such circumstances, revision petition be dismissed.

ORDER of State Commission runs as under: ''''Heard the parties and perused the record. In view of the facts and circumstances of the case, we do not find any error in the order of the District Forum, therefore, order dated 8.3.2010 passed in complaint No. 191/06 by District Forum, Kota, Camp: Kota, is upheld and appeal of the appellant is dismissed ''''.

Perusal of order reveals that this order neither contains any fact, nor grounds taken in memo of appeal, nor any finding on those objections.

HON ''ble Apex Court in (2001) 10 SCC 659 - HVPNL Vs. Mahavir observed as under: ''''1.In a number of cases coming up in appeal in this Court, we find that the State Consumer Disputes Redressal Commission, Haryana at Chandigarh is passing a standard order in the following terms:

''We have heard the Law Officer of HVPN - appellant and have also perused the impugned order. We do not find any legal infirmity in the detailed and well -reasoned order passed by District Forum, Kaithal. Accordingly, we uphold the impugned order and dismiss the appeal ''.

We may point out that while dealing with a first appeal, this is not the way to dispose of the matter. The appellate forum is bound to refer to the pleadings of the case, the submissions of the counsel, necessary points for consideration, discuss the evidence and dispose of the matter by giving valid reasons. It is very easy to dispose of any appeal in this fashion and the higher courts would not know whether learned State Commission had applied its mind to the case. We hope that such orders will not be passed by the State Consumer Disputes Redressal Commission, Haryana at Chandigarh in future. A copy of this order may be communicated to the Commission ''''.

IN the light of above judgment, it becomes clear that Appellate Court while deciding an appeal is required to deal with all the facts and arguments raised by the appellant and as learned State Commission has not dealt with any facts of the case and arguments of the appellant, it would be appropriate to remand the matter back to the learned State Commission for disposal by speaking order after dealing with all the contentions and arguments raised by the petitioner.

CONSEQUENT LY , revision petition filed by the petitioner is allowed and order dated 1.10.2010 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, ''the State Commission '') in Appeal No. 529 of 2010 - Radheshyam Vs. Jaipur Vidhyut Vitran Nigam is set aside and matter is remanded back to the learned State Commission for deciding it by speaking order after giving an opportunity of being heard to the parties. 8. Parties are directed to appear before the learned State Commission on 10.10.2014. A copy of this order may be sent to the Rajasthan State Commission, Jaipur.