Union of India Th.
G.M. & Ors. Vs. Vishal Kumar & Ors.  INSC 1431 (25 August 2008)
JURISDICTION CIVIL APPEAL NO.5232 OF 2008 (Arising out of S.L.P. (C) No.8903 of
2007) Union of India through General Manager and Ors. ...Appellant(s) Versus
Vishal Kumar and Ors. ...Respondent(s)
O R D E R
Heard learned counsel
for the parties.
By the impugned order
passed on 5th April, 2006 in Revision Application No.191 of 2006, the National
Consumer Disputes Redressal Commission [for short, `National Commission'] while
issuing rule limited to the award of interest and quantam of compensation,
issued notice in the interim matter as well and thereafter, by subsequent order
passed on 31st July, 2006, interim order of stay has been also passed. This
appeal has been filed challenging both the orders.
So far as order dated
31st July, 2006, is concerned, we do not find any error therein. However, in
the facts and circumstances of the case, we are of the view that, on 5th April,
2006, the National Commission should not have issued a limited rule in the
revision application but the same should have been open one.
Accordingly, the appeal is allowed in-part and that portion of the order th
dated 5 April, 2006, whereby limited rule has been issued is set aside and it
is directed that after service of notice, the revision application shall be
disposed of by the National Commission on merits in accordance with law after
taking into consideration all the points raised therein.
Needless to say that
we should not be misunderstood to have expressed any opinion one way or the other
in relation to the merits of the cases of the parties in the revision
Delhi, August 25, 2008.
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