SAVITA KIRAN RANA vs Bank of India

THIS appeal filed by the complainant must succeed on the short ground that the order passed by the District Forum, Jalandhar in Complaint No. 138 G/DF/1991 is so cryptic that it must necessarily be set aside. It is, therefore, unnecessary to recount the facts of the case.

THE cryptic character of the order is manifest in extenso:- "THE complainant had purchased vehicle by raising loan from the Bank which met with an accident. It is admitted that the Insurance Company has paid the compensation by issuing cheque and there is no deficiency in the hired service, so far as the Insurance Company is concerned. Now the dispute is between the complainant and the Bank as to against which account the cheque issued by the Insurance Company is to be credited. In our opinion, this is not the dispute of which cognizance may be taken by this Forum. THE application is, therefore, dismissed."

Shri S.K. Pruthi, the learned Counsel for the appellant has rightly assailed the said order as wholly unsustainable. It is pointed out that it is virtually a non-speaking order which is not easy of comprehension. A rightful grievance has been given on the points raised in the complaint by the complainant. Equally it was assailed on the ground that the same was devoid of any reasoning and more in the shape of a dictum rather than a meaningful adjudication. There is modicum of merit in his submissions. Even the learned Counsel for the respondents had to virtually concede his inability to support the order of this nature in a judicial jurisdiction It bears repetition that the pleadings of the parties were reasonably elaborate. Curiously, these all seem to have not been remotely adverted. It is true that the consumer jurisdiction is expeditious and summary in nature but this cannot be carried to the length of slip shod and arbitrarily unreasonable orders on the rights of the parties. The National Commission has seriously frowned as hasty decisions without giving proper weight to the pleadings and the evidence of the parties.

In view of the above, we find no option but to set aside the order of the District Forum and to remand the matter for a fresh trial in accordance with law.

THIS appeal is consequently allowed in the terms aforesaid without any order as to costs. Appeal allowed.