Is it possible in the Supereme Court of India ?
Tarsem Singh
(Querist) 23 May 2010
This query is : Resolved
Respected Sir(s),
I am amazed to see a judgment of Hon,ble Supereme Court Of India vide which the Judgement of High Court and of Ombudsman in the matters of PSEB has be reverted by the Supreme Court in a civil appeal filed by PSEB. The point of my surprise is that that Hon'ble Supereme Court did not consider it necessary to call the party or even inform the party concerned against which the said appeal was filed and judgment is given. The party ( a consumer of PSEB ) who had won his case from the Ombudsman and appeal of PSEB against the decision of Ombusman had been dismissed by the High Court Chandigarh; did not even know that further an appeal by PSEB has been filed in the Superme Court. He (Consumer) was shoked to see the order of Supereme Court against him. Is it possibe and just that Supereme Court hear the case/appeal and give the judgement in the absence of party concerned ?
Kiran Kumar
(Expert) 23 May 2010
Tarsem Singh Ji, it will be better to look into the records of the matter in SC....find out whether the notices were ever issued to the party or not.
if the matter has been decided without giving any opportunity that it is a bad precedent...let the party file review petition in the matter.
Guest
(Expert) 24 May 2010
I totally agree with Mr. Kiran. It appears that the fault appeared at High Court stage and the consumer might not have been made respondent and as it reiterated ombudsman's decision, you might have not objected for not making the consumer party in HC proceedings. The same parties might have been repeated before S.C.
Any how, it is the right of the consumer to knock the Supreme Court for recalling the order and rehear it after giving opportunity to the consumer.
