ORDER

(Per: D.K. Tyagi, Member):

            This is an appeal under Section 15 of the Consumer Protection Act, 1986  against the order dated 25.06.2013 passed by the District Forum, Uttarkashi in consumer complaint No. 09 of 2013.  By the impugned order, the District Forum has allowed the consumer complaint ex-parte against the opposite party and directed the opposite party to pay to the complainant a complete maturity amount against all the N.S.Cs. and K.V.Ps. for a sum of Rs. 26,100/- of the complainant and also to pay a sum of Rs. 2,000/- to the complainant towards litigation expenses, within one month from the date of the order.

2.       Briefly stated the facts of the case as mentioned in the consumer complaint are that the complainant is an unemployed person and doing dihadi on daily wages for livelihood of his family. The complainant purchased some National Saving Certificate (N.S.C.) and Kisan Vikas Patra (K.V.P.) from Main Branch, Post Office, Uttarkashi in the year 2003 for various denominations, whose maturity period was five years.  The details of N.S.C. and K.V.P. are following: N.S.C. No. 12EE 354281 dated 19.05.2003 Rs. 10,000/-; No. 12EE 354282 dated 19.05.2003 Rs. 10,000/- and K.V.P. No. 510925 dated 23.11.2004 Rs. 500/-; No. 510927 dated 23.11.2004 Rs. 500/-; No. 312626 dated 23.11.2004 Rs. 100/-; No. 840520 dated 09.06.2005 Rs. 1,000/-; No. 840521 dated 09.06.2005 Rs. 1,000/-; No. 840522 dated 09.06.2005 Rs. 1,000/-; No. 840523 dated 09.06.2004            Rs. 1,000/-and No. 840524 dated 09.06.2005 Rs. 1,000/- total sum of                Rs. 26,100/-.  In the year 2006, these N.S.Cs. and K.V.Ps. are misplaced somewhere, which were not found inspite of many efforts. In this regard, the complainant went to the office of the opposite party and requested in writing and had also reported the matter to Thana Kotwali on 30.11.2005.  The opposite party had given assurance to the complainant for providing second copy of the said N.S.Cs. and K.V.Ps. After some time, the complainant sent letters dated 22.02.2006 and 26.06.2006 to the opposite party in this regard, but the opposite party advised him to file a report at Police Station.  The complainant again filed a report together with an affidavit in P.S. Kotwali and sent a copy of the same to the opposite party, but no action has been taken by the opposite party. Thereafter, the complainant filled the Bond of Identity form on the instruction of the opposite party, but all went in vein.  The complainant sent many letters to the opposite party for issuing of duplicate copy of his N.S.Cs. and K.V.Ps., but till date no action has been taken by the opposite party.  The opposite party has neither shown any document regarding action taken which shows that the opposite party wants to misuse N.S.Cs. and K.V.Ps. of the complainant. The complainant is a consumer of the opposite party and the opposite party is misusing the N.S.C. and K.V.P. of the complainant, which have already matured.  The complainant had made so many correspondence with the opposite party regarding the misplaced N.S.Cs. and K.V.Ps. of the complainant and for supply of second copy of these instruments, but the opposite party neither given any satisfactory answer nor provided second copy of the N.S.Cs. and K.V.Ps. to the complainant, therefore, the cause of action was arisen on 21.09.2012, when the complainant sent a letter to the opposite party for the last time.

3.       The District Forum has issued notice to the opposite party-appellant, which was served upon the opposite party, but the opposite party-appellant did not appear before the District Forum and did not file any written statement before the District Forum and as such, the District Forum vide order dated 15.04.2013 proceeded the consumer complaint ex-parte against the opposite party-appellant and decided the same vide impugned order dated 25.06.2013 in the above terms.  Aggrieved by the said order, the appellant-opposite party has filed this appeal. 

4.       We have heard learned counsel for the appellant-opposite party and have also perused the record.  None appeared on behalf of the respondent despite sufficient service. Learned counsel for the appellant has submitted that the complainant-respondent has concealed the facts. The respondent has pledged some of the N.S.Cs. in the PWD Department. The appellant could not know about the proceedings before the District Forum, Uttarkashi till 25.09.2013, when the employee of Revenue Department come with R.C. It appears from the impugned judgment and order that before the District Forum the consumer complaint proceeded ex-parte against the opposite party-appellant.  The appellant did not file any written statement before the District Forum, Uttarkashi against the consumer complaint filed by the complainant.  It is a settled principle of law that all the parties involved in the matter in question should get proper opportunity of being heard. 

5.       We have noticed that the appellant could not file written statement before the District Forum and the District Forum did not give opportunity to the appellant for adducing evidence on affidavit and disposed of consumer complaint merely on the basis of the pleadings of the complainant only, which is contrary to the principle of natural justice.  The Hon’ble Apex Court in the case of Topline Shoes Ltd. Vs. Corporation Bank; II (2002) CPJ 7 (SC), has observed that “it is for the Forum or the Commission to consider all facts and circumstances along with the provisions of the Act providing time frame to file reply, as a guideline, and then to exercise its discretion as best it may serve the ends of justice and achieve the object of speedy disposal of such cases keeping in mind the principle of natural justice as well.”

6        In view of the Hon’ble Apex Court’s decision, we are unable to sustain the order passed by the District Forum and set aside the same.

7.       The Hon’ble National Commission in the case of Mathura Mahto Mistry Vs. Bindeshwar Jha (Dr.) and another; I (2008) CPJ 109 (NC), has held that disposing of the complaint simply on pleadings without directing the parties to file evidence by way of affidavits is illegal on the face of it.  The Hon’ble National Commission in the aforesaid judgment has also held that “moreover without adducing evidence, both the parties obviously did not get an opportunity to prove their respective case, in view of which, we are unable to sustain the order passed by the District Forum, which is set aside and the case is remanded back to the Forum below to give an opportunity to both the parties to lead evidence by way of affidavits and also permit cross-examination through questionnaire and reply, if required, and only after completion of all the necessary procedure as per law, the District Forum shall hear the case on merit and dispose it of preferably within a period of three months from the date of receipt of this order.”

8        Thus, we feel it just and proper to remand the case to the District Forum for decision afresh in accordance with law.  The opposite party-appellant shall file its written statement before the District Forum on or before 02.12.2015 positively and thereafter the District Forum shall afford a reasonable opportunity to the parties to adduce evidence in support of their case.  The District Forum shall take all sort of endeavour to decide the consumer complaint as early as possible and preferably within a period of three months from the date of filing the written statement by the opposite party-appellant.

9.       With the aforesaid observations, the appeal is allowed. Impugned judgment and order dated 25.06.2013 passed by the District Forum, Uttarkashi is set aside and the case is remanded back to the District Forum for decision afresh in accordance with law.  The opposite party-appellant is directed to file its written statement before the District Forum on or before          02.12.2015 positively and thereafter the District Forum shall grant reasonable opportunity to the parties to adduce evidence in support of their case. The District Forum is further directed to decide the consumer complaint expeditiously and preferably within a period of three months from the date of filing the written statement by the opposite party-appellant.  It is made clear that the District Forum shall not grant any adjournment to the opposite party-appellant seeking time for filing the written statement.  Copy of the order be sent to the District Forum, Uttarkashi immediately.  No order as to costs.