Per Mr. S.R. Khanzode – Hon’ble Presiding Judicial Member:

(1)                This appeal takes an exception to an order dated 21/04/2004 passed in Consumer Complaint no.114/2001, (Smt.Bhanumati Damodar Sutaria (since deceased) through Legal Heirs Deepak Damodar Sutaria and Ors. V/s. Bank of Baroda), by the District Consumer Disputes Redressal Forum, Nashik (‘the Forum’ in short).

(2)                It is the case of alleged deficiency in service on the part of the Bank to honour the fraudulent cheques and thereby sustaining the loss to the Complainants.

(3)                At the time of hearing of the appeal Respondent Bank and its Counsel preferred to remain absent and in these circumstances, we heard Ld.Counsel appearing for the Appellant.

(4)                It is the case of the Appellants/original Complainants that they were not given reasonable opportunity to tender evidence as per Provisions of Section 13(4) of the Consumer Protection Act, 1986 (‘the Act’ in short), before the Forum.  It is submitted on behalf of the Appellant that no such adequate opportunity was given to either of the parties.  Only on the basis of the produced documents and hearing the arguments, the matter was decided.  It is submitted on behalf of the Counsel for the Appellant that an opportunity to both the parties be given to lead evidence as per Provisions of Section 13(4) of the Act and then the dispute could be settled according to law.

(5)                On the basis of the material available on record we find some substance in the submissions made for remand of the matter and in the fairness and in the interest of justice to give an opportunity to both the parties to lead their respective side of evidence as per Provisions of Section 13(4) of the Act.    We hold accordingly and pass the following order:

O  R  D  E  R

    (i)               Appeal is allowed.

  (ii)               The order passed by the Forum in Consumer Complaint No.114/2001 is hereby set aside.  The complaint is remitted back to the Forum for de novo trial from the stage of leading evidence and settlement of dispute according to law. 

(iii)               The Appellant shall appear before the Forum on 07/01/2013 and thereupon intimation of the date fixed be given to the Opponent Bank.  After appearance, an opportunity be given to both the parties to lead their respective evidence as per Provisions of Section 13(4) of the Act.  Thereafter, the dispute be settled according to law.

(iv)               Appeal stands disposed of accordingly.

Pronounced on 20^th November, 2012.