Back
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION
GUJARAT STATE, AHMEDABAD
COURT NO: 02
R P NO. 10 OF 2020
06.01.2021
1. Rajeshbhai B. Patel,
41, Shakuntal Park Society,
Manjalpur, Vadodara.
2. Vipulkumar Jamnadas Gharsandiya,
401, Kishan Harmony,
21, Rajnagar Society, Akota,
Vadodara.
V/s.
1. Grahak Suraksha Jagruti Manch, Through
President – Dineshbhai D. Lalvani,
Pratapnagar road,
Vadodara.
2. Satishkumar S. Patel,
B-206, Akshar Vinatage,
Tarsali bypass Vadodara.
CORAM: Shri M.J. Maheta, Presiding Member.
APPEARANCE: Mr. V.M. Pancholi, ld. Advocate for the appellant.
Mr. Lalwani, ld. Advocate for the respondent.
ORAL ORDER: (By Shri M.J. Maheta, Presiding Member.)
Heard Ld. Advocate Mr. V.M. Pancholi for the petitioner and
Ld. Advocate Mr. Lalwani for the respondent.
Looking to the facts and circumstances of the present matter
ld. Advocate Mr. V.M. Pancholi has drawn my attention that the
Hon’ble Trial Forum has decided the matter only on the technical
ground. The delay is not to be looked into and matter should be
adjudicated on the merits.
Furthermore, the ld. Advocate Mr. V.M. Pancholi has also
drawn my attention to the judgments delivered in 2001 SCC 176 M. K
Prasad Vs. P. Arumugum (State of Nagaland)] Vs. Lipok Ao and others
(2005) (3) SCC 752 were cited before the learned Forum. However, the
learned trial Forum has not adjudicated and answered why the
judgment is not considered, only quoting the judgment does not
enlightened why the Hon’ble Trial Forum has not considered and not
accepted.
So as the matter is to be decide on merit along with
considered case law it cited by the parties, herein the matter learned
President has not consider citation cited by the applicant at the time
of arguments. Thereby it is to be interfered with the order passed by
the learned Trial Forum.
Looking to the facts and circumstances of the case, we
are of the opinion that at this juncture the order is not required to be
interfered with, but we observed that Ld. Forum will give opportunity
to both sides to advance their case on issue of limitation at the time of
full fledge trial, the matter to decided according to law.
O R D E R
1. The Revision Petition is disposed of with the observation as
herein above, order of question kept in abeyance.
2. The learned Trial Forum may proceeds that the matter along
with the issue of the limitation on merits at the full fledge trial.
3. Hereby stay application is filed.
[M.J. Maheta]
Presiding Member
R.I.DESAI
