S. B. Sinha, J. - (1.) Leave granted.
(2.) This appeal is directed against a judgment and order dated 8-2-2005 passed by a Division Bench of the High Court of Delhi in F.A.O. (OS) No.177 of 2004 whereby and whereunder the parties herein had been asked to approach this Court for seeking clarification of an order dated 16-1-2003 passed in Civil Appeal No.1920 of 1997 which is to the following effect: "The respondent herein filed a complaint before the National Consumer Disputes Redressal Commission, New Delhi (in short the Commission) for recovery of compensation from the appellants herein for deficiency in service. It appears when the matter came up before the Commission, the appellant and the respondent agreed for a consensual adjudication by an Arbitrator. Consequently, the Commission referred the matter to retired Judge of the High Court for arbitration. It is not disputed that the Arbitrator gave an Award and the same was remitted to the Commission. The Commission, in terms of the Award decided the complaint of the respondent. Aggrieved, the appellants have preferred this appeal. We have heard learned counsel for the parties and are of the view that this case stand covered by a decision of this Court in Skypak Couriers Ltd. vs. Tata Chemicals Ltd., reported in (2000) 5 SCC 294, wherein it was held that the complaint filed under Section 22 of the Consumer Protection Act requires the Commission to decide the matter in accordance with the evidence, documents and the respective case of the parties including the submission made before it and not by referring the matter to an Arbitrator by giving an Award. In view of the said decision, this appeal deserves to be allowed. Consequently, the judgment under challenge is set aside. The appeal is allowed. There shall be no order as to costs. We may clarify that it will be open to the respondent to enforce the Award under the provisions of the Arbitration and Conciliation Act, 1996. Any amount deposited by the appellants shall be refunded to them forthwith."
(3.) The basic fact of the matter is not in dispute.;