IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5232 OF 2008 (Arising out of S.L.P. (C) No.8903 of 2007)

Union of India through General Manager  and Ors.      ...Appellant(s)

Versus

Vishal Kumar and Ors.      ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

By the impugned order passed on 5th April, 2006 in Revision Application

No.191 of 2006, the National Consumer Disputes Redressal Commission [for short,

`National  Commission']  while  issuing  rule  limited  to  the  award  of  interest  and

quantam of compensation, issued notice in the interim matter as well and thereafter,

by subsequent order passed on 31st July, 2006, interim order of stay has been also

passed.  This appeal has been filed challenging both the orders.

So far as order dated 31st July, 2006, is concerned, we do not find any error

therein.  However, in the facts and circumstances of the case, we are of the view that,

on 5th April, 2006, the National Commission should not have issued a limited rule in

the revision application but the same should have been open one.

....2/-

- 2 -

Accordingly,  the appeal is allowed in-part and that portion of the order

dated 5th April,  2006,  whereby  limited  rule  has  been  issued  is  set  aside  and  it  is

directed that after service of notice, the revision application shall be disposed of by

the  National  Commission  on  merits  in  accordance  with  law  after  taking  into

consideration all the points raised therein.

Needless to say that we should not be misunderstood to have expressed any

opinion one way or the other in relation to the merits of the cases of the parties in the

revision application.

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

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

New Delhi, August 25, 2008.