Sundaram
Automobiles Vs. C.N. Anantharam & Anr [2008] Insc 275 (22 February 2008)
Altamas
Kabir & J.M. Panchal
O R D
E R CIVIL APPEAL NO. 1556 OF 2008 (Arising out of SLP (C)No. 13201/2006)
Leave
granted.
This
appeal is directed against an order dated 26.7.2006 passed by the National
Consumer Disputes Redressal Commission in revision petition No.1585/2006 filed
by the appellant herein. From the order impugned it will be evident that the
revision filed by the appellant was admitted only on the point of payment of
easy monthly instalments and rate of interest, thus foreclosing any further
argument with regard to the liability of the appellant to pay compensation to
the complainant.
It was
also submitted on behalf of the appellant that similar revision petitions have
been filed by the manufacturer and also by the appellant and the same are also
pending before the National Commission.
-2-
Having heard learned counsel for the respective parties we are of the view that
since the question regarding liability to make payment is still open before the
National Commission, the Commission ought not to have foreclosed the case of
the appellant regarding its liability to make such payment.
In
that view of the matter, we set aside the order passed by the Commission only
with regard to the observation made regarding admission of the revision only on
the point of EMI amount and rate of interest, and we remit the matter to
National Commission for hearing and disposal along with two the other pending
revisions as expeditiously as possible, but preferably within a period of six
months from the date of communication of this order.
-3- We
make it clear that we have not gone into the merits of the case and parties
will be at liberty to urge all points before the Commission.
The
appeal is disposed of accordingly. There will be no order as to costs.
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