West Bengal

StateCommission

FA/254/2009

Regional Director, Indira Gandhi National Open University - Complainant(s)

Versus

Gopa Ghosh (Biswas) - Opp.Party(s)

Mr. Prabir Basu

08 Sep 2009

ORDER


STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGALBHAWANI BHAWAN (Gr. Floor), 31 Belvedere Road. Kolkata -700027
APPEAL NO. 254 of 2009
1. Regional Director, Indira Gandhi National Open UniversityRegional Centre, Kolkata,Bikash Bhavan, North Block,Forth Floor,Salt Lake, Kolkata -700 091West Bengal2. Indira Gnadhi National Open UniversityIgnu Study Centre, Durgapur Women's College, Burdwan - 713 209West Bengal ...........Appellant(s)

Vs.
1. Gopa Ghosh (Biswas)W/o. Shibenu Biswas, Khanpukur, Ghosh Para,Kalna Road, Burdwan,Pin -713 102West Bengal ...........Respondent(s)


For the Appellant :Mr. Prabir Basu, Advocate for
For the Respondent :Mr. Shibendu Biswas , Advocate

Dated : 08 Sep 2009
ORDER

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No. 3/08.09.2009.

 

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

 

Appellants through Mr. Prabir Basu, the Ld. Advocate and Respondent through authorized representative are present.  Respondent files letter of authority today.  Mr. Basu, the Ld. Advocate for the Appellant contends that the impugned order was passed finally disposing of the complaint without any evidence whatsoever.  The authorized representative of the Respondent is present who does not dispute the above contention and he states that the present Appellants who were O.Ps in the Forum below did not appear at any stage and, therefore, are not entitled to press the present appeal.

 

But we have considered the contention of the respective parties as also the law decided in the case of Mathura Mahto Mistry – vs. – Dr. Bindeshwar Jha & Anr. reported in 2008 (1) CPR 1 (NC) wherein it was held that disposal of a case by Forum without directing the parties to file evidence by Affidavit is illegal on the face of it.

 

As we find that in the present case also no evidence was filed on Affidavit.  Not even the complaint was filed on Affidavit.  We also feel that the matter requires to be decided after Affidavit.  Therefore, the impugned order is set aside.  Appeal is allowed.  Matter is sent to the Forum below with a request to Forum to dispose of the matter afresh in accordance with law granting the parties opportunities to file their respective evidence, questionnaire and replies as also BNA.

 

A copy of this order be sent to the Forum below forthwith.

 


MRS. SILPI MAJUMDER, MemberHON'BLE JUSTICE ALOKE CHAKRABARTI, PRESIDENT ,