2009 INSC 0088
                                    SUPREME COURT OF INDIA

                                      New India Assurance Co. Ltd.

                                                      Vs.

                                  Esys Information Technologies Ltd.

                                            C.A.No.254 of 2009

                                  (B.N. Agrawal and G.S. Singhvi JJ.)

                                                  16.01.2009

                                                   ORDER

1. Leave granted.

2. Heard learned counsel for the parties.

3. 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.

4. 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.

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

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