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Judgment
M/s Solar Ventures have filed these two Revision Petitions against the Order dated 18.03.2019, passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur, Bench No.1 (hereinafter referred to as " the State Commission"), wherein the two First Appeals being No. 76 and 77 of 2018, preferred by the Petitioner herein have been dismissed both on the ground of limitation as also on grounds of merits.
We have heard Mr. Himanshu Upadhyay, learned Counsel appearing for the Petitioner and Mr. Sunil Mund, learned Counsel appearing for the Respondents and have perused the impugned Order dated 19.03.2019 passed by the State Commission.
In view of the decision of the Hon'ble Supreme Court in Civil Appeal No. 9161 of 2019 (M/s Singal Udyog Vs. National Insurance Co. Ltd. & Ors.), I (2020) CPJ 117 (SC), decided on 02.12.2019 , the State Commission was not justified in dismissing the Appeal on merits, when it had declined to condone the delay in filing the Appeals and the Application under Section 5 of the Limitation Act has been dismissed. Thus, the impugned Order dated 18.03.2019 passed by the State Commission cannot be sustained.
The matters are remanded back to the State Commission for deciding the Appeals afresh in accordance with law.
We request the State Commission to decide the Appeals expeditiously, if possible, within a period of six weeks from the date of receipt of certified copy of this Order, which the learned Counsel for the Parties shall be filing on or before 28.09.2021.
The Revision Petitions succeeds and allowed. However, on the facts and merits of the case Parties shall bear their own costs.