& Ors. Vs. D.T.Vora & Ors.  INSC 1266 (31 July 2008)
JURISDICTION CIVIL APPEAL NOS.5336-5340 OF 2005 Siddharth Construction &
Ors. ...Appellant(s) Versus D.T. Vora & Ors. ...Respondent(s) With Civil
Appeal Nos.6147 to 6151 of 2005 O R D E R Civil Appeal Nos.5336-5340 of 2005:
These appeals are
directed against the common order passed by the National Consumer Disputes
Redressal Commission (hereinafter referred to as "the Commission), whereby
the original petitions filed by the respondents were allowed and various
directions were given to the opposite parties (appellants herein).
Having heard learned
counsel for the parties at length and gone through the records, we are of the
view that the Commission ought not to have entertained the complaints because
intricate questions of fact were involved therein and such questions could have
been decided by the civil court after giving opportunity to the parties to
adduce oral and documentary evidence. Ordinarily, we would have relegated the
respondents to the remedy of civil suit but, keeping in view the fact that a
period of twelve years has elapsed from the date of filing of the complaints,
we do not consider it proper to adopt that course.
...2/- -2- A careful
reading of the impugned order shows that the Commission has allowed the
complaints without making detailed evaluation of the pleadings and evidence and
without considering the documents produced by the parties. We may have, keeping
in view the settled legal position that the appellate court is possessed with
all the powers of the trial court, decided the appeals on merits but as the
parties do not appear to have properly understood the magnitude of the
controversy and the nature of evidence which was required to be produced, we
feel that it would be just and proper to remit the matter to the Commission for
fresh adjudication of the complaints after giving opportunity to the parties to
adduce oral as well as documentary evidence.
appeals are allowed, impugned order is set aside and the original petitions are
remitted to the Commission for decision afresh in accordance with law after
framing issues and giving opportunity to the parties to adduce oral and documentary
As the complaints
were filed twelve years ago, we feel that it would be expedient to fix a
time-frame for deciding the petitions afresh on merits. Learned counsel
appearing on behalf of the parties made a statement at the Bar that their
respective clients undertake to cooperate the Commission in disposal of the
petitions within a period of one year. Accordingly, the Commission is requested
to dispose of the petitions within a period of one year from the date or
receipt/production of copy of this order.
...3/- -3- Civil
Appeal Nos.6147 to 6151 of 2005 :
In view of the order
passed in Civil Appeal Nos.5336-5340 of 2005, these appeals have become in
fructuous and the same are, accordingly, dismissed.
[HARJIT SINGH BEDI]
Delhi, July 31, 2008.