Madhya Pradesh

StateCommission

FA/11/1197

MP LAGHU UDYOG - Complainant(s)

Versus

POST OFFICE - Opp.Party(s)

09 Apr 2019

ORDER

9.4.2019                     Shri Mohan Chouksey, learned counsel for the appellant.

                                    Shri Rajeev Jain, learned counsel for the respondent.

                                    Feeling aggrieved by the recovery made by the respondent on the basis of special audit report dated 9.1.2006 the appellant – complainant had approached to District Consumer Disputes Redressal Forum, Bhopal (for short the “Forum”) in CC No.394/2007.  The Forum by the impugned order dismissed the complaint holding the complainant to be not “consumer”.  It is this order which is under challenge in this appeal.

 

                        2.         Having heard learned counsel for the parties, we find that there is no dispute to the effect that on the basis of the aforesaid special audit report dated 9.1.2006 the

 

 

 

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                        recovery of the amount has been ordered making various allegations and adverse observations against the appellant / complainant without issuing any show cause notice or giving opportunity of hearing to the appellant / complainant.  In the circumstances, the impugned recovery is in violation of principles of natural justice.  Therefore, we deem it appropriate to dispose of this appeal by directing the respondent to consider the grievance of the appellant / complainant in regard to the special audit report dated 9.1.2006.  The appellant / complainant to file his representation against the said special audit report within 6 weeks from today.  On receipt of such representation the Competent Authority of the respondent shall examine the same and shall take appropriate decision on it in accordance with law after giving opportunity of hearing to the appellant – complainant. 

 

3.         We further observe that we have not dealt with the issue raised in the appeal that the appellant is a “consumer” and the Forum has wrongly held it to be not a consumer.  The said question is left opon to be decided  

 

 

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by the appropriate authority / Forum in case the occasion arises.  All contentions of both the sides to that effect are kept open.  The impugned order stands set-aside.

 

                        4.         The appeal is disposed of.

 

                      (Justice Shantanu S. Kemkar)                       (Dr.Monika Malik)        

           ^{PRESIDENT                                                                    MEMBER}