New India Assurance
Co.Ltd. Vs. ESYS Information Technologies Ltd.  INSC 80 (16 January 2009)
JURISDICTION CIVIL APPEAL NO.254 OF 2009 (Arising out of S.L.P. (C) No.178 of
2009) New India Assurance Co. Ltd. ...Appellant(s) Versus Esys Information
Technologies Ltd. ...Respondent(s) With Civil Appeal Nos.255-256/2009 in S.L.P.
(C) Nos.926-927 of 2009 O R D E R Leave granted.
Heard learned counsel
for the parties.
The State Consumer
Disputes Redressal commission, Delhi [for short, "State Commission"]
summarily dismissed two complainants filed by the respondent by separate orders
without even issuing notices to the respondent before it (appellant herein). By
the impugned orders, the National Consumer Disputes Redressal Commission [for
short, the Commission'] allowed the appeals on merits and directed the
appellant to pay the specified amount to the respondent. In our view, when the
complaints were summarily dismissed by the State Commission without even
issuing notice to the respondent before it and the National Commission was of
the view that the dismissal was not justified, then it should have remanded the
matter to the State Commission for deciding the matter on merits.
Accordingly, the appeals are allowed, impugned orders are set aside and the
matters are remitted to the State Commission to decide the complaints on merits
in accordance’s with law after giving opportunity of hearing to the parties.
Let hearing of the
complaints by the State Commission be expedited.
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