IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7137 OF 2008 (Arising out of S.L.P. (C) No.9711 of 2008)

Jijabai S. Sagle and Anr.      ...Appellant(s)

Versus

Shivaji Tatyaba Sanap Saket and Anr.     ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the appellants.

In spite of service of notice, nobody has entered appearance to contest the

prayer made in this appeal.

By  order  dated  15th September,  2003,  the  District  Consumer  Disputes

Redressal Forum, Nasik, [for short, `the District Forum'] in Complaint Case No.2 of

2002, on an application under Section 27 of the Consumer Protection Act, 1986, [for

short,  `the Act'],  came to the  conclusion  that prima facie  case was  made out  and

directed that particulars for offence under Section 27 of the Act was required to be

framed against the respondents.   Against the said order, an appeal was preferred,

which was dismissed on the ground that the same was not maintainable.  Thereafter

the respondents moved the National Consumer Disputes Redressal Commission [for

short, `the Commission'] in revision, which has, in effect and substance, set aside the

aforesaid order passed by the District Forum and disposed of the revision application.

In our view, the District Forum had found prima facie case under Section 27 of the

Act  for  taking  action  against  the  respondents.   The  revisional  authority  was  not

justified in interfering with the same.

....2/-

- 2 -

Accordingly,  the  appeal  is  allowed,  impugned  order  rendered  by  the

National Commission is set aside and the same passed by the District Forum on 15th

September, 2008, restored.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, December 05, 2008.

ITEM NO.MM-B                COURT NO.2               SECTION XVII

           S U P R E M E   C O U R T   O F   I N D I A                          RECORD OF PROCEEDINGS                      Petition(s) for Special Leave to Appeal (Civil) No(s).9711/2006

(From the judgement and order dated 18/04/2006 in RP No.3223/2005   of The NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI)

JIJABAI S. SAGLE & ANR.                              Petitioner(s)

                     VERSUS

SHIVAJI TATYABA SANAP SAKET & ANR.                   Respondent(s)

Date: 15/12/2008  This Petition was mentioned today.

CORAM :         HON'BLE MR. JUSTICE B.N. AGRAWAL         HON'BLE MR. JUSTICE G.S. SINGHVI

For Petitioner(s) Mr. Shivaji M. Jadhav,Adv.

For Respondent(s)

          UPON hearing counsel the Court made the following                                O R D E R  

In the order dated 5th December, 2008, the words “S.L.P. (C) No.9711 of 2008” and “15th September, 2008” may be read as “ S.L.P. (C) No.9711 of 2006” and “15th September, 2003” respectively.

Ordered accordingly.

    [ Alka Dudeja ] [ Savita Sainani ]       Court Master    Court Master

[Signed order is placed on the file]

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7137 OF 2008 (Arising out of S.L.P. (C) No.9711 of 2006)

Jijabai S. Sagle and Anr.      ...Appellant(s)

Versus

Shivaji Tatyaba Sanap Saket and Anr.     ...Respondent(s)

O  R  D  E  R

In the order dated 5th December, 2008, the words “S.L.P. (C) No.9711 of

2008” and “15th September, 2008” may be read as “ S.L.P. (C) No.9711 of 2006” and

“15th September, 2003” respectively.

Ordered accordingly.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, December 15, 2008.