Per Shri Narendra Kawde, Hon’ble Presiding Member
Mr.A.V. Patwardhan, Learned Advocate present for the petitioner. Ms.Priyanka Davda, Learned Advocate present for the respondents with authority letter. Heard both the parties.
2. This Revision Petition is directed against the order dated 06/09/2014 passed by Addl. Mumbai Suburban District Forum in the consumer complaint No.215/2011.
3. Mr.Patwardhan has brought to my attention that the affidavit evidence filed before the District Forum specifically mentioned about submission of CD as a documentary evidence as Exhibit-L. Likewise, Algorithm Chart annexed along with brief notes of arguments submitted to the District Forum are not available in the record of the District Forum and during the course of arguments, Learned District Forum observed that since there is no reference about production of CD in the Roznama, new CD cannot be taken on record and read in evidence. Likewise, same observations are recorded in the impugned order about availability of the Algorithm Chart of diabetic patient. The case before the District Forum is for final hearing. Advocate for the respondents submits that CD is not served along with copy of affidavit of evidence and so also no Algorithm Chart along with brief notes of arguments are served.
4. For proper adjudication of the case, it is always desirable that parties be given opportunity to present their case effectively with documentary evidence. Since, there is mention about presentation of CD as a part of evidence and also Algorithm Chart is in the brief notes of arguments which were submitted before the District Forum, in the interest of justice, I am inclined to accept the statement of petitioner. Hence, the order :-
-: ORDER :-
1.Revision Petition is allowed. Impugned order dated 06/09/2014 is set aside.
2.District Forum is directed to accept the CD which was tendered along with affidavit of evidence of the complainant and also copy of Algorithm Chart and take them on record. District Forum is further directed to decide the case in accordance with the law after hearing both the parties.
3.One set of the Revision Petition compilation be retained and rest of the sets be returned to the petitioner.
4.Certified copies of the order be furnished to the parties forthwith.
Pronounced
Dated 12th March 2015.
