Jijabai S. Sagle
& ANR Vs. Shivaji Tatyaba Sanap Saket & ANR. [2008] INSC 2167 (15
December 2008)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO.7137 OF 2008 (Arising out of S.L.P. (C) No.9711 of
2008) Jijabai S. Sagle and Anr. ...Appellant(s) Versus Shivaji Tatyaba Sanap
Saket and Anr. ...Respondent(s)
O R D E R
Leave granted.
Heard learned counsel
for the appellants.
In spite of service
of notice, nobody has entered appearance to contest the prayer made in this
appeal.
By order dated 15th
September, 2003, the District Consumer Disputes Redressal Forum, Nasik, [for
short, `the District Forum'] in Complaint Case No.2 of 2002, on an application
under Section 27 of the Consumer Protection Act, 1986, [for short, `the Act'],
came to the conclusion that prima facie case was made out and directed that
particulars for offence under Section 27 of the Act was required to be framed
against the respondents. Against the said order, an appeal was preferred, which
was dismissed on the ground that the same was not maintainable. Thereafter the
respondents moved the National Consumer Disputes Redressal Commission [for
short, `the Commission'] in revision, which has, in effect and substance, set
aside the aforesaid order passed by the District Forum and disposed of the
revision application.
In our view, the
District Forum had found prima facie case under Section 27 of the Act for
taking action against the respondents. The revisional authority was not
justified in interfering with the same.
....2/- -2-
Accordingly, the appeal is allowed, impugned order rendered by the National
Commission is set aside and the same passed by the District Forum on 15th
September, 2008, restored.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI]
New
Delhi,
December
05, 2008.
ITEM NO.MM-B COURT
NO.2 SECTION XVII SUPREME COURT OF INDIA RECORD OF PROCEEDINGS Petition(s) for
Special Leave to Appeal (Civil) No(s).9711/2006 (From the judgement and order
dated 18/04/2006 in RP No.3223/2005 of The NATIONAL CONSUMER DISPUTES REDRESSAL
COMMISSION, NEW DELHI) JIJABAI S. SAGLE & ANR. Petitioner(s) VERSUS SHIVAJI
TATYABA SANAP SAKET & ANR. Respondent(s) Date: 15/12/2008 This Petition was
mentioned today.
CORAM :
HON'BLE MR. JUSTICE
B.N. AGRAWAL HON'BLE MR. JUSTICE G.S. SINGHVI For Petitioner(s) Mr. Shivaji M.
Jadhav,Adv.
For Respondent(s)
UPON hearing counsel the Court made the following ORDER In the order dated 5th
December, 2008, the words "S.L.P. (C) No.9711 of 2008" and "15th
September, 2008" may be read as " S.L.P.
(C) No.9711 of
2006" and "15th September, 2003" respectively.
Ordered accordingly.
[ Alka Dudeja ] [
Savita Sainani ] Court Master Court Master [Signed order is placed on the
file] IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL
NO.7137 OF 2008 (Arising out of S.L.P. (C) No.9711 of 2006) Jijabai S. Sagle
and Anr. ...Appellant(s) Versus Shivaji Tatyaba Sanap Saket and Anr.
...Respondent(s) O R D E R In the order dated 5th December, 2008, the words "S.L.P.
(C) No.9711 of 2008" and "15th September, 2008" may be read as
" S.L.P. (C) No.9711 of 2006" and "15th September, 2003"
respectively.
Ordered accordingly.
......................J.
[B.N. AGRAWAL]
......................J.
[G.S. SINGHVI] New
Delhi, December 15, 2008.
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