BPL MOBILE COMMUNICATIONS LTD. vs SANDEEP S. THAKUR

WE are proceeding to dispose of this appeal at the stage of its admission itself on perusal of the material available before us and on hearing the A.R. for the appellants.

THIS appeal was moved before us for admission/hearing on behalf of the appellant on 3.3.2003, when we proceeded to issue notice before admission to the respondent granting Hamdast to the appellant''s representative and it is stated, notice along with set of appeal paper book was transmitted and we have been shown the receipt of the courier to that effect. However, respondent is not present.

We do not propose to dwell over the factual matrix as obtained in the matter herein, reason being that, we are of the view, that this is a fit case for remittance to the District Forum for consideration afresh on merits, as there is grave irregularity, which is an error apparent on the face of the record in processing the dispute herein by the District Forum, Thane.

APPELLANTS are the original O.Ps. in the above complaint and respondent is the original complainant. Impugned order of this appeal is dated 30.10.2002, which is an ex parte one passed in absence of the O.Ps./appellants herein.

ON perusal of the grounds of appeal, appellants have pleaded that initially process issued under Section 13 of Consumer Protection Act, 1986 was issued by the District Forum on 2.8.2002 and it was made returnable before the District Forum for filing written statement, etc. on 9.8.2002, xerox copy of the process forms part of the annexure to the appeal paper book being Exhibit B at page No. 13 thereto. On perusal of the said notice, it clearly shows that the Forum has prepared the said notice on 2.8.2002 and has been made returnable before it on 9.8.2002 for the purpose of hearing. It is to be stated that under Section 13 of the Consumer Protection Act , 1986 clear 30 days time has to be provided for showing the cause by the O.P. like the appellants herein and since the same has not been complied with, which is a statutory obligation of the District Forum, we hold that the impugned order of this appeal passed by the District Forum has to be set aside.

IN the circumstances, we set aside the impugned order of this appeal and remit the matter to the District Forum for consideration afresh. ORDER 1. Appeal is allowed and its impugned order dated 30.10.2002 is set aside. 2. Matter is remitted to the District Forum, Thane for consideration afresh on merits in accordance with the provisions of the law and the rules and on giving proper opportunities to the parties thereunder. 3. Appellant''s Advocate shall furnish copy of the order herein to the District Forum, Thane immediately. 4. District Forum shall furnish full set of copy of the complaint to the O.Ps. along with the notice in question, service whereof has been waived by and on behalf of the appellants/O.Ps. and, as such, District Forum, Thane is directed to furnish copy of the proceedings to the O.Ps. on 2.6.2004. 5. District Forum shall issue notice to the complainant. 6. We are providing opportunity to the O.Ps. to file the written statement along with affidavit in support thereof and list of documents before the District Forum on 30.6.2004, copy whereof shall be furnished to the complainant by the same date. 7. Complainant to file rejoinder, if so desire, before the District Forum on 14.7.2004 and copy thereof shall be furnished to the O.P. by the same date. 8. The District Forum shall proceed to dispose of the complaint totally influenced by its earlier findings or any observations of ours in the judgment herein concerning the merits of the matter treating the same as our prima facie views and observations thereof. 9. District Forum to ensure expenditious disposal of the matter after remand. 10. As far as this appeal is concerned, no order as to costs. 11. Office shall furnish copies of the order to the parties.

Appeal allowed.