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2023 Supreme(Online)(Guj) 1316

GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION, AHMEDABAD
V. P. Patel (President), *A. C. Raval (Member)
M. R. F. Ltd. v. Lalji Mulji Transport Co.


Advocates:
For the Appellants/Petitioners: Mr. B. N. Shah, Mr. H. B. Shah
For the Respondents: Mr. Niraj Gupta, Mr. A.J. Majgoankar

Table of Content
1. complainant's goods were to be delivered under contractual obligations. (Para 2)
2. arguments presented by both parties about responsibilities. (Para 4 , 5)
3. court's assessment on the agreement and jurisdiction issues. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12)
4. evidence handling in summary proceedings affirmed. (Para 13 , 15 , 21)
5. final ruling on liabilities and compensation. (Para 22)

1. This complaint was earlier dismissed vide order dated 11.5.2012. And said order was challenged before the Hon'ble National Commission by the complainant by filing First Appeal No. 465 of 2012. The Appeal before the Hon'ble National Commission has been decided vide order dated 2.7.2022. The matter was remanded back with the following observations.
"In the result, the appeal is allowed. The order of the State Commission dated 11.5.2012 passed in CC / 93/2000 is set aside. Matter is remanded to State Commission, Gujarat at Ahmedabad who shall restore the same to its original number and shall proceed to decide on merit in accordance with law. The appellant may appear before State Commission on 2.9.2022. Thereafter State Commission will fix a date in accordance with its convenience."
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