Supreme CourtDivision Bench(2007) 05 SC CK 0188

DRS Transport (P) Ltd. and Others vs R.P. Singh

Supreme Court Of India · Decided on 7 May 2007 · Citation: (2007) 2 OLR 755 : (2007) 5 SCC 718

HON’BLE JUDGES
P.P. Naolekar, J · B.N. Agrawal, J
RESULT
Dismissed
CASE NUMBER
Civil Appeal No. 2376 of 2007 (Arising out of SLP (C) No. 6348 of 2006)

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Judgment

5 paragraphs · 213 words
1.

Heard learned Counsel for the parties.

2.

Leave granted.

3.

The District Consumer Redressal Forum, Delhi dismissed the complaint filed by the Respondent. Against that order, when an appeal was filed before the State Consumer Disputes Redressal Commission (for short "the State Commission"), the same was allowed and compensation was awarded against the Appellants, which order has been confirmed in revision. Hence, this appeal by special leave.

4.

It appears that notice of the appeal was served upon the Appellants and the State Commission has allowed the appeal which shows that no opportunity was given to the Appellants before the appellate forum. For the foregoing reasons, the civil appeal is allowed, impugned orders passed by the State Commission as well as the National Consumer Disputes Redressal Commission are set aside and the appeal is remanded to the State Commission to dispose of the same in accordance with law after giving an opportunity of hearing to the parties. The State Commission is not required to issue fresh notice to the Appellants. If they want to contest the appeal, they should put the appearance therein within two months from today, failing which the appellate Court shall dispose of the appeal in accordance with law without waiting for appearance of the Appellants.

5.

No costs.