IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4602 OF 2008 (Arising out of S.L.P. (C) No.8752 of 2007)

M.M. Agrawal … Appellant(s)

Versus

Rekha V. Kamble & Ors.        … Respondent(s)

O R D E R

Heard learned counsel for the parties.

Leave granted.

The respondents  filed  a  complaint  before  the  State  Consumer  Disputes

Redressal  Commission,  Mumbai,  [For  short,  “State  Commission”]  for  award  of

compensation by alleging that their father Narayanrao Kamble died due to negligence

of respondent no.1, Dr. M.M. Agrawal and Dr. Krishna Rao, who died during the

pendency of appeal before the National Consumer Disputes Redressal Commission,

[for  short,  “National  Commission”].   The  complaint  was  dismissed  by  the  State

Commission vide order dated 14.7.1999.  The appeal preferred by the respondents

remained pending before the National Commission for eight years. By the impugned

order, the National Commission allowed the appeal and remanded the matter to the

State Commission for fresh decision in accordance with law after giving opportunity

to the parties to lead affidavit evidence and expert evidence.  

...2/-

- 2 -  

We have heard learned counsel for the parties and carefully scrutinized the

record. In our opinion, the State Commission did not give adequate opportunity to the

parties  to  adduce  oral  and  documentary  evidence  and,  therefore,  the  National

Commission was justified in remitting the matter.   

In view of  the  above,  we  do not  find any ground to interfere  with  the

impugned order.   Accordingly the appeal is dismissed.  

As the complaint was filed 12 years ago, we direct the State Commission to

dispose  of  the  same  within  the  period  of  nine  months  from  the  date  of

receipt/production of copy of the this order.  Both the parties shall cooperate with the

State Commission in disposing of the complaint within the aforesaid time.  They are

directed to appear before the State Commission on 18.8.2008.  Thereafter, the State

Commission shall fix the date for adducing evidence by the parties.  

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

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

New Delhi, July 21, 2008.