RAGHUNATH DAMODAR KHACHANE vs SHANTISTAR BUILDERS

THE appellant herein is the original complainant in the aforesaid complaint and against order dated 10th December, 1997 passed by the District Forum dismissing the complaint, that this appeal has been filed.

WE are proceeding to dispose of this appeal at the stage of its admission itself on perusal of the material available before us and impugned order thereof. It is noticed that the complainant filed the complaint personally and it appears that he was not assisted at the stage of filing of the complaint. Further more, the order of the District Forum is cryptic and Forum has proceeded in somewhat perfunctory manner without adverting to the factual aspects of the matter.

It is imperative as also obligatory upon the District Forum as held by the Supreme Court and National Commission that District Forum should try to thrash out the consumer disputes on merits on adverting to the material available before it and that too even in the absence of the parties. However, this has not been done.

THE complainant claims to be a flat purchaser and in interest of justice, we think it appropriate that matter should go back to the District Forum for consideration afresh on merits. ORDER 1. Appeal is allowed and its impugned order dated 10th December, 1997 is set aside. 2. Complaint is remitted to the District Forum, Thane for consideration afresh in accordance with the provisions of Law and the Rules and on the basis of observations made in the judgment herein. 3. As the complaint is pending since 1995 we direct the District Forum, Thane to ensure disposal of the complaint expeditiously and as far as possible within 4 months from the receipt of the order herein. 4. Office is directed to forward copy of the order herein to the District Forum. Thane immediately. 5. District Forum, Thane shall proceed to dispose of the complaint as directed above totally uninfluenced by its earlier findings or any observations of ours as appearing in the judgment herein concerning merits of the matter.

We directed the parties to appear before the District Forum on 2nd December, 2002 and seek appropriate directions in the matter of fixing date of hearing.

IT is made clear and distinctly understood that no further notices for appearances will be required to be issued by the District Forum to the parties. Office shall furnish copies of the order to the parties. Appellant''s Advocate is directed to intimate the gist of the order in particular the date of appearance, etc. to the respondent before District Forum.

WITH this appeal stands disposed of with no order as to costs. Appeal allowed.