Per Mr.Justice S.B.Mhase, Hon’ble President

In this appeal joint pursis is filed by the advocates on the instructions of the parties.  Parties have also signed the pursis.  Both the advocates and the parties states that they are not satisfied with the order passed by the District Consumer Disputes Redressal Forum and, therefore, they jointly have informed to set aside this order and remit back the case to the District Consumer Disputes Redressal Forum, keeping all points raised by the parties open for consideration. They have also informed that the District Consumer Disputes Redressal Forum shall decide the matter without influenced by the concessions given by the parties in the pursis.

Pursis is accepted.  Impugned order is set aside by consent of the parties.  Complaint is restored and remitted back to the District Consumer Disputes Redressal Forum for disposal in accordance with the law.  District Consumer Disputes Redressal Forum is hereby directed to dispose of the said complaint after hearing both the sides and after giving opportunity to both the parties to lead evidence in support of their respective claims raised in the complaint and the written version.  It is made clear that all points raised by the parties are kept open including the point as to whether the complaint is maintainable.  District Consumer Disputes Redressal Forum shall decide the case on merits on the basis of the material placed before the District Consumer Disputes Redressal Forum without being influenced by the fact that both of them have filed this pursis before this State Commission.  Especially, District Consumer Disputes Redressal Forum shall not hold on the basis of this pursis that respondent has given up his contentions. Complaint shall be disposed of within a period of 90 days.  Both the parties are directed to appear before the District Consumer Disputes Redressal Forum on 11/10/2010.  Joint pursis filed by the parties is marked as Exhibit X for identification.  Appeal stands disposed of.  Copies of the order be furnished to the parties.