IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.5336-5340 OF 2005

Siddharth Construction & Ors.        ...Appellant(s)

Versus

D.T. Vora & Ors.       ...Respondent(s)

With Civil Appeal Nos.6147 to 6151 of 2005

O  R  D  E  R

Civil Appeal Nos.5336-5340 of 2005:

These  appeals  are  directed  against  the  common  order  passed  by  the

National Consumer Disputes Redressal Commission (hereinafter referred to as “the

Commission), whereby the original petitions filed by the respondents were allowed

and various directions were given to the opposite parties (appellants herein).   

Having heard learned counsel for the parties at length and gone through

the records, we are of the view that the Commission ought not to have entertained the

complaints  because  intricate  questions  of  fact  were  involved  therein  and  such

questions could have been decided by the civil court after giving opportunity to the

parties  to  adduce  oral  and  documentary  evidence.   Ordinarily,  we  would  have

relegated the respondents to the remedy of civil suit but, keeping in view the fact that

a period of twelve years has elapsed from the date of filing of the complaints, we do

not consider it proper to adopt that course.   

...2/-

- 2 -  

A careful reading of the impugned order shows that the Commission has

allowed the  complaints  without  making  detailed  evaluation  of  the  pleadings  and

evidence and without considering the documents produced by the parties.  We may

have, keeping in view the settled legal position that the appellate court is possessed

with all the powers of the trial court, decided the appeals on merits but as the parties

do not appear to have properly understood the magnitude of the controversy and the

nature of evidence which was required to be produced,we feel that it would be just

and  proper  to  remit  the  matter  to  the  Commission  for  fresh  adjudication  of  the

complaints  after  giving  opportunity  to  the  parties  to  adduce  oral  as  well  as

documentary evidence.   

Accordingly, the appeals are allowed, impugned order is set aside and the

original petitions are remitted to the Commission for decision afresh in accordance

with law after framing issues and giving opportunity to the parties to adduce oral and

documentary evidence.  

As the complaints were filed twelve years ago,  we feel  that it  would be

expedient to fix a time-frame for deciding the petitions afresh on merits.  Learned

counsel appearing on behalf  of the parties made a statement at the Bar that their

respective clients undertake to cooperate the Commission in disposal of the petitions

within a period of one year.  Accordingly, the Commission is requested to dispose of

the petitions within a period of one year from the date or receipt/production of copy

of this order.  

...3/-

- 3 -  

Civil Appeal Nos.6147 to 6151 of 2005 :

In view of the order passed in Civil Appeal Nos.5336-5340 of 2005, these

appeals have become infructuous and the same are, accordingly, dismissed.  

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

......................J.       [HARJIT SINGH BEDI]

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

New Delhi, July 31, 2008.