H.V.P.N.L. Vs Mahavir-21/07/2000

SUPREME COURT OF INDIA JUDGMENTS

How to hear an appeal by Consumer Commission

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.

SUPREME COURT OF INDIA

H.V.P.N.L.
Appellant

Versus

Mahavir
Respondent

(Before: M. Jagannadha Rao And Doraiswamy Raju, JJ.)

Petitions for Spl. Leave to Appeal (Civil) No. 9979 of 2000, Decided on: 21-07-2000.

Constitution of India, 1950—Article 132.

order

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 the H.V.P.N. – 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 dismissed the appeal”.

2. 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.

3. Issue notice for remand of the matter to the State Commission, for disposal afresh in accordance with law.

4. Status quo, as of today, shall be maintained by the parties.


AIR 2000 SC 3586(1) : (2001) 10 SCC 659 : (2000) 5 SCALE 287