For Appellant:Mr. Karma Thinlay,Central Government Counsel.
Ms.Prathana Ghataney,Advocate.

For Respondents Mr. Manish Kr. Jain,Advocate.
Mr. D.K. Siwakoti,Advocate.

Heard on I.A. No.o1 of 2019, which is an application for condonation of delay.

Considered submissions put forth by Learned Counsel for the parties.
We are of the considered opinion that the grounds given by the Appellant are sufficient to condone the delay.
Delay condoned.
I.A. No.01 of 2019 stands disposed of.
Heard on admission.
Admit the Appeal.

It is submitted by Learned Central Government Counsel that when the matter was finally heard,the Learned District
Consumer Disputes Redressal Forum(DCDRF),East Sikkim,at Gangtok,comprised of Learned President along with Mrs. Janaki Pradhan
and Basanti Rai,Members,but the judgement was pronounced by the Learned President and Mrs. Anital Shilal,Member who had
not heard the matter.
It was also submitted by Learned Counsel for the Appellant that initially one issue had been settled for determination 
by the Learned DCDRF on 20-08-2016,viz.,"Whether the complainants are entitled to the compensation claimed? If so,who is 
liable to compensate them?" However,in Paragraph 11 of the Judgement dated 23-02-2019 three issues have been reflected viz;

"(1)  Whether the Complainant is entitled to the compensation claimed? If so, who is liable to compensate him?

(2) Whether the Complaint filed by the Complainant is maintainable against Opposite parties nos.3 and 5?

(3) Whether the Complainant is entitled to the relief/any other relief as claimed?"

That, on additional issues being settled no opportunity was extended to the parties to lead evidence,if any.Hence, on these
grounds the matter deserves to be remanded to the Learned DCDRF.

In consideration of the submissions and on perusal of the records, it is evident that (i) the Judgement was pronounced by the
President and a Member who however had not heard the matter and
(ii) additional issues were settled for determination without affording the parties an opportunity of leading additional 
evidence,if any.

In view of the above cirucmstance,the matter is remanded back to the Learned DCDRF for-

(i) leading any additional evidence,if so required by either of the parties on additional issues framed;

(ii) the matter shall be taken up from the above stage and disposed of finally on or before  31-12-2019.

Considering the Order supra,the proceedings in C.Ex. Case No.07 of 2019 of the District Consumer Disputes Redressal Forum,
East District,at Gangtok,are stayed despite vehement objection of Learned Counsel for Respondents No.01 and 2.

I.A. No.02 of 2019 stands disposed of accordingly.
Consequently,I.A> No.03 of 2019 also stands disposed of.

With the above observations,Consumer Appeal stands disposed of.