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Judgment
3 paragraphs · 287 wordsTHIS is an appeal against the judgment and order dated 23.1.1999 passed by District Forum, Kushinagar in Complaint Case No. 48/1998.
LEARNED Counsel for the appellant is present and none is present from the side of respondents. Notice by registered post was sent to the opposite party in April, 1999. The same has not been returned unserved and hence the service is deemed sufficient and the case proceeds ex parte. Learned Counsel for the appellant has been heard. He has argued that the judgment passed by the District Forum is not a judgment in the eye of law as it has only been signed by the President. The other Members have not signed the same. An affidavit has been filed to this effect in support of these allegations.
It has further been argued that according to the allegations of the complainant, the money was to be paid by Udyan Vibhag, which is a Government concern. Hence the complaint is not maintainable before the District Consumer Forum. We have also perused the judgment of the learned District Forum and even on facts the learned District Forum could not have entertained the complaint. The amount was to be paid by Udyan Vibhag and not by the opposite party. Therefore the case against the Udyan Vibhag cannot be filed before the District Consumer Forum. As far as opposite party No. 1 is concerned, no case has been proved against him. Thus the appeal is liable to be allowed. Order The appeal is allowed and the judgment and order of the learned District Forum are set aside and the complaint is dismissed. Let a copy of this order be made available to the parties as per rules. Appeal allowed.