Per Hon’ble Mr. Justice R.C. Chavan – President:

               This appeal filed by the Railways is directed against the order passed by the District Consumer Disputes Redressal Forum, Thane, questioning order passed by the District Forum directing the Railways to settle the theft claim of the Complainant for `5,82,500/-, pay `5,000/- as compensation towards mental harassment and `5,000/- towards costs of litigation. 

               We have heard Ld.Counsel for the parties. 

                In this case, though the written response had been filed by the Appellant on 25^th February, 2009, the order-sheet does not show that the Appellant Railways had filed any written notes of arguments.  On 19^th November, 2009 when the matter was listed for final arguments the Complainant filed some documents with the list, on which the other side was supposed to file say.  Thereafter, on 22^nd December, 2009 the matter was further adjourned for oral arguments on 3^rd March, 2010.  On 26^th February, 2010, the Advocate for the Railways expired.  The matter came to be decided by judgement dated 19^th June, 2010.  Considering the time that normally could have been consumed in the Railways to convey the demise of the Advocate and thereafter for taking steps to appoint new Advocate who could have argued the matter before the Forum, the order will have to be set aside to enable the Railways to address the Forum once again.  Hence the order:

O  R  D  E  R

    (i)            The impugned order is set aside. 

 (ii)            Consumer Complaint No.474/2008 is remitted back to the District Forum.

(iii)            Parties to appear before the Forum on 10^th December, 2013 without any notice from the Forum. 

(iv)            Forum shall hear the arguments of both sides including the arguments on the documents filed on 19^th November, 2009 and decide the matter as early as possible within fifteen days thereafter. 

Pronounce don 22^nd  November, 2013.