NILESH CUNHA GOMEZ vs WHEEL MAGNETS

THIS appeal is directed against the order of the District Forum, Panaji, dated 21.8.1991, passed in complaint No. 105 of 1991.

SHRI N.C. Gomes had approached the District Forum, Panaji against the respondent alleging that he was delivered motor cycle belatedly and with increased price. The claim of the complainant was opposed by the Opposite Party on the ground that the required black colour was not available which was required by the complainant, and, therefore, the delay, has been caused. As regards the increased price, according to the Opposite Party pending the delivery, price of motorcycle had increased. The learned District Forum, Panaji, dismissed the complaint and blamed the complainant for the delay. A grievance was made by SHRI Cipriano Barreto, Advocate by filing an affidavit in the appeal that he was not heard by the President and one of the Member of the District Forum in Complaint No. 105 of 1991. He, further, stated in the affidavit that the President refused to hear his arguments on the ground that the appellant was not present, he, further, alleged that he was asked to go away without hearing his arguments. Similarly, we find from the records of District Forum, Panaji, that the said Advocate had also presented an application 24.7.91 before the District Forum alleging that he was not heard on behalf of his client and, therefore, had prayed for re-hearing. The affidavit dated 25.9.1991 presented before this Commission contains serious allegations against the President and Member of District Forum. After going through the application and affidavit we find that the District Forum President was not correct and acted contrary to the judicial norms to be observed while hearing a complaint. In the instant case the District Forum President and a Member did not follow the principles of natural justice, and thus denied the right that one of the Member of District Forum did not agree with the President and the other Member while passing the judgment. The is a note made by one member "I do not agree". Under these circumstances, without going into the merits of this case, we wound like to remand this case to the District Forum for giving opportunity to the complainant and his advocate to represent his complaint properly. In our view, the District Forum has clearly violated the principle of natural justice which warrants a fresh trial with full opportunities to the complainant. We hope that the District Forum will be gracious enough to hear both the parties and then to decide the said dispute according to law. We find that the notice form issued to the parties requires to be amended to the effect that the parties can appear in person or through their authorised agent. The District Forum is directed to use the revised form of notice to parties in future and allow the advocates to appear and argue the case on behalf of their clients. Hence we pass the following order:- ORDER The appeal is allowed. The impugned order of the District Forum is hereby set aside and the complaint is remitted back to the District Forum, Panaji, for deciding the said dispute afresh after giving both the parties full opportunity of hearing. It made clear that the advocates appearing on behalf of the parties be given full opportunity of arguing the case. Appeal allowed.