KANPUR DEVELOPMENT AUTHORITY THR. VICE CHAIRMAN versus SHEO PRAKASH GUPTA & ANR.

KANPUR DEVELOPMENT AUTHORITY THR. VICE CHAIRMAN versus SHEO PRAKASH GUPTA & ANR.

There is nothing on record to suggest that notice was properly served on the appellant-Authority before the State Commission passed an ex parte order. The National Commission erred in holding otherwise without evidence of service of notice.

Source-derived case information.

Parties
Appellant: Kanpur Development Authority through Vice Chairman; Respondent: Sheo Prakash Gupta & Anr.
Jurisdiction
India
Judgment Date
24 August 2012
Procedural Posture
Civil Appeal / Appeal From National Consumer Disputes Redressal Commission Decision
Outcome
Appeal allowed and matter remitted
Legal Topics
Service of Notice, Ex Parte Orders, Deficiency in Service, Unfair Trade Practices, Refund of Deposited Amount
Consumer Protection Contract Law Service of Notice Ex Parte Orders Deficiency in Service Unfair Trade Practices Refund of Deposited Amount

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Parties

Kanpur Development Authority through Vice Chairman

Appellant

Sheo Prakash Gupta & Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From National Consumer Disputes Redressal Commission Decision

Legal Issues

  1. 1 Whether notice was properly served on the appellant-Authority by the State Commission before passing ex parte order
  2. 2 Whether the appellant-Authority was afforded an opportunity to be heard

Ratio Decidendi

There is nothing on record to suggest that notice was properly served on the appellant-Authority before the State Commission passed an ex parte order. The National Commission erred in holding otherwise without evidence of service of notice.

Court Disposition

Appeal allowed and matter remitted

Orders

  • The appeal is allowed.
  • The impugned order and judgment passed by the National Commission is set aside.