Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member
Admit and heard forthwith with consent of both the parties.
Referring to the consumer complaint, particularly, statement made in Para 10 of the complaint, allegations made covering area of unfair trade practice within Section 2(1)(r) of Consumer Protection Act, 1986, it is not a case of service deficiency particularly, when the complainant has resigned and then O.P. even refunded `40,000/- out of `61,000/- (paid) by way of refund of fees. The complainant also raised issue as to unfair trade practice but, the same is not at all properly dealt with, nay, considered. Further, the dispute is settled ex-parte against O.P. Considering the totality of the circumstances, it will be fair and necessary for just settlement of the dispute to remit back the matter to the Forum below where the complainant will get an opportunity to amend their pleadings as well as the O.P. will get an opportunity to place their case by filing written version and then the dispute can be settled after following the procedure as laid down in the Consumer Protection Act, 1986. Both the parties conceded to this course and requested relief accordingly. We hold accordingly and pass the following order :-
-: ORDER :-
1. Appeal is allowed. The impugned order dated 31/10/2009 is quashed and set aside. Matter is remitted back to the Forum below in the light of the observations made above.
2. Both the parties shall appear before the Forum below on 02/12/2010.
3. On their appearance, opportunity be given to the complainant to amend his pleadings, if the complainant so desire and further, opportunity be given to the O.P. to file their written version and then following the procedure leading evidence under Section 13(4) of the Consumer Protection Act, 1986, the dispute be settled as per provisions of law.
4. No order as to costs.
5. The amount deposited by the appellant by way of condition of stay be refunded back to the appellant.
6. Copies of the order be furnished to the parties.
