Question: I am the complainant before the district commission and claimed damages because slabs of my house leakage due to supplying spurious cement. I filed I.A.2 to produce the documents of respondent . I.A -2 rejected by district commission creating suo moto false statement. Against this I filed a Revision petition before the state commission and it was also rejected, further I filed a Review Application before the state commission. It is also rejected by a single member without giving me proper opportunity.
Now under which section I should file Rev.Pt/Appeal before national commission delhi. Further under which section I have to file I.A for stay of proceedings. Please guide me.
Asked from: Karnataka
The single member of the State Commission had not given you an opportunity of hearing and dismissed your review petition. Giving an opportunity of hearing to parties is mandatory in judicial and quasi judicial proceedings.
Providing the opportunity of hearing is the principle of natural justice. The second fundamental principle of natural justice is audi alteram partem. Audi Alteram Partem means ‘both the sides must be heard before passing any order’
Violation of principles of natural justice constitutes a substantial question of law. Therefore you can challenge this order in the National Commission under Section 51(4) of the Consumer Protection Act. Section 51(4) says that:
Where the National Commission is satisfied that a substantial question of law is involved in any case, it shall formulate that question and hear the appeal on that question:
Provided that nothing in this subsection shall be deemed to take away or abridge the power of the National Commission to hear, for reasons to be recorded in writing, the appeal on any other substantial question of law, if it is satisfied that the case involves such question of law.
Thus you should prefer an appeal to the National commission against the order passed by the State commission in a review petition. If no substantial question of law is involved in your case then you cannot file an appeal.
But, as facts of your suggest, there is a substantial question of law. You can base your appeal on these questions of law:
- Whether the state commission can decide a review petition without giving the opportunity of hearing to the petitioner?
- Whether an unanimous decision of the court in a review petition is just and fair in the eye of law?
- Audi Alteram Partem i.e. “both the sides must be heard before passing any order” whether this principle is applicable on the order of the state commission.
The National Commission may admit and entertain your appeal. It may reverse the order of the State Commission and remand the matter to the District Commission. The District Commission will decide your case as per the observation/direction of the National Commission.