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2000 Supreme(SC) 1149

SUPREME COURT OF INDIA
M. JAGANNADHA RAO AND DORAISWAMY RAJU, JJ.
H.V.P.N.L., Petitioner
VERSUS
Mahavir, Respondent.
Petitions for Spl. Leave to Appeal (Civil) No. 9979 of 2000*, D/- 21-7-2000.
Advocates appeared
Mr. Neeraj Kumar, Mr. A. K. Choudhary and Mr. Ugra Shankar Pd., Advocates, for petitioners.

The Appellate Forum must provide valid reasons and consider the pleadings, submissions, and evidence when disposing of an appeal.

Headnote:

Standard Order - State Consumer Disputes Redressal Commission - The court criticized the State Consumer Disputes Redressal Commission for passing a standard order without referring to the pleadings, submissions, and evidence, and directed the matter to be remanded for disposal afresh in accordance with law.

Fact of the Case:

The State Consumer Disputes Redressal Commission at Chandigarh passed a standard order without considering the pleadings, submissions, and evidence in a First Appeal.

Finding of the Court:

The court criticized the Commission for not providing valid reasons and directed the matter to be remanded for disposal afresh in accordance with law.

Issues: Failure to provide valid reasons in the standard order passed by the Commission.

Ratio Decidendi: The Appellate Forum is bound to refer to the pleadings, submissions, necessary points for consideration, discuss the evidence, and dispose of the matter by giving valid reasons.

Final Decision: The court ordered the matter to be remanded to the State Commission for disposal afresh in accordance with law.

ORDER :- In a number of cases coming up in appeal in this Court, we find that the State Consumer Disputes Redressal, Commission Haryana at Chandigarh is passing a standard order in the following terms :

"We have heard the Law Officer of the H.V.P.N. - appellant and have also perused the impugned order. We do not find any legal infirmity in the detailed and well-reasoned order passed by District Forum, Kaithal. Accordingly, we uphold the impugned order and dismissed the appeal".

2. We may point out that while dealing with a First Appeal, this is not the way to dispose of the matter. The Appellate Forum is bound to refer to the pleadings of the case, the submissions of the counsel, necessary points for consideration, discuss the evidence and dispose of the matter by giving valid reasons. It is very easy to dispose of any appeal in this fashion and the higher Courts would not know whether learned State Commission had applied its mind to the case. We hope that such orders will not be passed by the State Consumer Disputes Redressal Commission, Haryana at Chandigarh in future. A copy of this order may be communicated to the Commission.

3. Issue notice for remand of the matter to the State Commission, for disposal afresh in accordance with law.

4. Status quo, as of today, shall be maintained by the parties.

Order accordingly.

FOR CITATION AIR 2000 SC 3586(1)

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