Per Shri S.R. Khanzode – Presiding Judicial Member:
Admit and heard forthwith with the consent of both the parties.
The grievance set out is that after receipt of the expert opinion which was called as per the direction of the Apex Court in the matter of Martin F. D’souza v/s. Mohd. Ishfaq [II(2009)SLT 20], and on receipt of such opinion, without giving any opportunity to both the parties to make their respective submission, Forum below straight way rejected the complaint. Both the parties confirmed that no hearing was given to them before dismissal of the complaint.
In the circumstances, said order is erroneous and will not stand in the eyes of law. We hold accordingly and pass the following order:
O R D E R
(i) Appeal is allowed.
(ii) Impugned order passed in consumer Complaint No.658/2009 is set aside.
(iii) Complaint No.658/2009 is remitted back to Forum below.
(iv) On the observations made above Forum below shall hear both the parties, give opportunity to Complainant to lead any material in support of consumer complaint and then settle the dispute according to law.
(v) Both the parties shall appear before the Forum below on 25.10.2010.
(vi) No order as to costs.
