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Shiv Kumar Agarwal vs Arun Tondon And Anr. on 19 March, 2007

There were some other allegations with regard to delay in disbursing the loan amount at various stages to the complainant as enumerated in 14 FIRST APPEAL NO. 706 OF 2012 the complaint. When entire evidence has come on the record then it was not appropriate for the District Forum to ask the complainant to seek his remedy before the appropriate Court of Law. The Presiding Officers of the District Forum are mostly retired District Judges having sufficient experience at their back and they are in a position to decide these type of cases. The Hon'ble National Commission in "Shiv Kumar Agarwal versus Arun Tandon and another", 2007(2) CLT 287 held in this regard. In that case - plea that case involves complicated questions of act and law and will need expert evidence, which is not possible in the summary proceedings adopted by the Consumer Fora repelled - Consumer Forum which is headed by Senior Judicial Officers, are capable of dealing with even complex questions. When both the parties have completed their evidence then it is not proper to relegate the matter to the Civil Court and the District Forum should have decided the matter. In view of that it was not appropriate on the part of the District Forum to relegate the parties to appropriate Court instead of deciding the complaint.
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