Petitioner was the opposite party before the District Forum.

          Dispute involved between the parties is that the respondent/complainant joined the petitioner company as Software Engineer Trainee.  He had deposited Rs.1,50,000/- as caution money with the petitioner company.  Caution money was to be refunded on completion of one year’s training and thereafter on working for work for two years with the petitioner.  Complainant’s case is that though,

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he completed his three years with the petitioner company, the petitioner company failed to refund the said caution money to him.  As against this, the case of the petitioner is that the respondent never completed two years as an employee with the petitioner after taking training of one year.

          District Forum vide its order dated 14.12.2004 allowed the complaint and directed the petitioner to return the caution money of Rs.1,50,000/- to the respondent with interest @ 9% p.a. w.e.f. 24.6.2001 till the date of realization.  Costs of Rs.2,000/- were also awarded.

          Petitioner being aggrieved filed an appeal before the State Commission which has been dismissed by the impugned order which has led the petitioner to file present revision petition.

          District Forum after completing the pleadings did not take any evidence which is in violation of provisions of Section 13 of Consumer Protection Act, 1986.  Allegation made by the respondent that he had completed three years – one year of training and two years as employee of the petitioner  - has been refuted by the petitioner

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company in the written statement filed before the District Forum.  Initial burden to prove that the respondent had worked for more than three years with the petitioner company was on the respondent.  The respondent should have been allowed to lead evidence by way of affidavit which the District Forum failed to do.

          In the interest of justice, we feel that the respondent should be given an opportunity to prove his case.  Accordingly, the impugned orders are set aside and the case is remitted back to the District Forum to decide it afresh after permitting the parties to lead their evidence by way of affidavit.

          Parties are directed to appear before the District Forum on 10.12.2009.

          Since it is an old case, we direct the District Forum to dispose of the complaint within six months from the date of first appearance. 

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In case, any appeal is filed by either of the parties before the State Commission, we would request the State Commission to dispose of that appeal within a period of three months from the date of filing.