West Bengal

StateCommission

FA/09/52

M/s Tista Decocem Pvt. Ltd. - Complainant(s)

Versus

Krishna Baladev Mitra. - Opp.Party(s)

Sunita Agarwal.

07 Apr 2009

ORDER


STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGAL
BHAWANI BHAWAN (Gr. Floor), 31 Belvedere Road. Kolkata -700027
APPEAL No. FA/09/52 of 2009

M/s Tista Decocem Pvt. Ltd.
Kalimata Hardware 		...........Appellant(s)

Vs.

Krishna Baladev Mitra.		 ...........Respondent(s)


BEFORE:
1. JUSTICE ALOKE CHAKRABARTI 2. MR. A K RAY 3. SMT. SILPI MAJUMDER

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


For the Appellant :


For the Respondent :




ORDER

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No. 3/07.04.2009.

 

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

 

Heard Mr. Garg, the Ld. Advocate for the Appellant and the Respondent in person.  It appears from the impugned order that the parties did not adduce any evidence whatsoever before the Forum below.  The sole Respondent who was the Complainant before the Forum, admits that he has not filed any evidence on Affidavit though he filed certain documents.  In our opinion for making out case in the present dispute recording of evidence is necessary.  Therefore, the impugned order being a decision solely passed on pleadings and that too not supported by any Affidavit, cannot stand.  Accordingly, we allow the appeal and set aside the impugned order and direct the Forum to decide the matter afresh granting opportunity to the parties to adduce evidence in accordance with law.  Copy of the order may send to the Forum below forthwith.

 




......................JUSTICE ALOKE CHAKRABARTI
......................MR. A K RAY
......................SMT. SILPI MAJUMDER