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Judgment
4 paragraphs · 230 wordsTHE appellant filed a complaint before the District Forum, Almora in respect an insurance claim.
THE District Forum by its order dated June 19,1992 rejected the claim saying that it was not maintainable before the District Forum. No. reasons for the view taken by the District Forum are contained in the order. All that has been said is that: - "We have heard the parties and perused the record. However the dispute is not covered from the provision of Consumer Protection Act. Since the complaint can not be decided under the summary procedure the complaint is not maintainable in this Forum and it is accordingly rejected."
It is clear that the order is in law a non-speaking one. It cannot be sustained as urged by Sri Rakesh Sharma appearing for the appellant.
The appeal is allowed. The order of the District Forum dated 19.6.1992 in Complaint Case No. 10 of 1992 is set aside. The case is remanded for trial afresh to the District Forum which shall try to dispose it of expeditiously, as far as possible within four months of the date of receipt of this order, in accordance with law after giving notice to the parties. Costs on parties. A copy of the order may be made available to parties as per rules and also sent to the District Forum, Almora within two weeks. Case remanded.