No. 8/27.03.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. Barun Prasad, the Ld. Advocate and Proforma Respondent through Mr. Malay Kr. Roy are present.  Respondent No. 1 enters appearance by filing Vokalatnama through Dr. Debabrata Karan, the Ld. Advocate.

This appeal was filed challenging the order dated 19.02.2008 passed by D.C.D.R.F., Dakshin Dinajpur in Consumer Complaint No. 16 of 2007 whereby the complaint was allowed and directions were given.  It is admitted by the Appellant and Respondents through their Ld. Advocates that the self same judgement was earlier challenged in Appeal No. FA/08/188 before this Commission and the appeal was allowed and the impugned judgement was set aside and the matter was sent back to the Forum below for disposal in accordance with law and observation made in the said judgement of this Commission.  Xerox copy of the certified copy of the said order and judgement has been filed by the Ld. Advocate for the Appellant.  In the above circumstances as the judgement impugned herein was already set aside the appeal is also allowed and the impugned judgement is set aside and the Forum below is directed to dispose of the matter in accordance with law and the observation made in the judgement in the connected appeal.