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State Consumer Disputes Redressal Commission

Brig(Retd) Ransom F Lobo vs Our Lady Of Vailankanni & Pertual Chs Ltd on 14 August, 2017

RBT/A/15/357




     BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
              COMMISSION, MAHARASHTRA, MUMBAI

                            Appeal No. RBT/A/15/357
 (Arisen out of order dated 24/12/2013 passed in complaint No.12/2012 by District
                                Central Mumbai)

Brig.(Retd.) Ransom F Lobo
Flat-901, Our Lady of Vailankanni &
Perpetual Succour CHS Ltd.
Marinagar Colony, Off. Senapati Bapat Marg,
Mahim (W), Mumbai - 400 016.                       ...........Appellant (s)

                        Versus
Our Lady of Vailankanni &
Perpetual Succour CHS Ltd.
(Through its Hon. Secretary Shri A.M. Sodder)
Marinagar Colony, Off. Senapati Bapat Marg,
Mahim (W), Mumbai - 400 016.                       ............Respondent (s)


BEFORE:
               Justice A.P. Bhangale PRESIDENT
               D.R. Shirasao JUDICIAL MEMBER

For the             Appellant present in person.
Appellant:
For the             Mr.A.V. Patwardhan, Advocate for the
Respondent:         respondent.
                                       ORDER

Per Justice Mr.A.P. Bhangale, Hon'ble President

1. Appellant present in person. Mr.A.V. Patwardhan, Advocate present for the respondent. Heard submissions advanced by both parties.

2. It appears that while passing the impugned order of dismissal of the complaint in consumer complaint case No.12/2012 decided on 24/12/2013, the Learned District Forum held that there was no sufficient evidence on record to show that the complainant incurred expenses of Rs.14,200/- and therefore, complaint was dismissed.

3. It appears that complainant took the matter to the Hon'ble National Page 1 of 2 RBT/A/15/357 Commission, New Delhi and the matter was remanded back for the adjudication. In our view, whatever evidence was there before the Learned District Forum with a liberty to produce more evidence in support of complaint as directed by the Hon'ble National Commission, the Learned District Forum could be in a better position to adjudicate the consumer dispute as entire affidavits in evidence, copies of documents sought to be relied upon by the parties would be before the Learned District Forum. In our view, therefore, it would be just and proper if appeal is allowed and complaint is remitted back to the Learned District Forum, Central Mumbai for to give fresh opportunity to the parties to lead the evidence by affidavits along with copies of documents apart from the evidence already led, the Learned District Forum below, therefore, is directed to decide the consumer complaint applying its mind afresh on merits of the complaint and to decide the same in accordance with the law. We therefore set aside the impugned order of dismissal of complaint and directed the parties to approach before the Learned District Forum on 08/09/2017 at 10.30 a.m. We make it clear that we have not expressed any opinion as to the merits of the complaint. Record & Proceeding of consumer complaint be sent back to the District Forum. Copies of the order be furnished to the parties as well as to the concerned District Forum.

Pronounced Dated 14th August 2017.

[ Justice A.P. Bhangale ] PRESIDENT [ D.R. Shirasao] JUDICIAL MEMBER dd.