IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.254 OF 2009 (Arising out of S.L.P. (C) No.178 of 2009)

New India Assurance Co. Ltd.        ...Appellant(s)

Versus

Esys Information Technologies Ltd.       ...Respondent(s)

With Civil Appeal Nos.255-256/2009 in S.L.P. (C) Nos.926-927 of 2009

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

The  State  Consumer  Disputes  Redressal  commission,  Delhi  [for  short,

“State Commission”] summarily dismissed two complainants filed by the respondent

by separate orders without even issuing notices to the respondent before it (appellant

herein).   By  the  impugned  orders,  the  National  Consumer  Disputes  Redressal

Commission [for short, the Commission'] allowed the appeals on merits and directed

the appellant to pay the specified amount to the respondent.  In our view, when the

complaints were summarily dismissed by the State Commission without even issuing

notice to the respondent before it and the National Commission was of the view that

the dismissal was not justified, then it should have remanded the matter to the State

Commission for deciding the matter on merits.

...2/-

- 2 -  

Accordingly, the appeals are allowed, impugned orders are set aside and

the matters are remitted to the State Commission to decide the complaints on merits

in accordances with law after giving opportunity of hearing to the parties.

Let hearing of the complaints by the State Commission be expedited.

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

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

New Delhi, January 16, 2009.