Per Mr P N Kashalkar, Hon’ble Presiding Judicial Member

          Adv. Mr S B Solat for appellant Adv. Mr C B Pande for respondent present in both the appeals. Since both the appeals are identical and parties involved in it are also the same, we are disposing of both these appeals by passing a common order.

          We heard both the counsels.

1.      These appeals are filed by the original complainant whose complaints are dismissed by the District Consumer Forum, Nagpur on 04.03.2006 by a common order in CC Nos. 44/04 and 45/04. Original complainant - Santoshi Industries had filed complaints against the National Insurance Co and Shikshak Sahakari Bank.  The complaints were in respect of the insurance claim.  During the pendency of the complaints the Forum below was pleased to appoint Adv. Mr. Jayesh Vora as commissioner for recording the evidences. Thereafter, from the evidence, recorded by the court commissioner, it appears that o.p.Nos.1, 2, 3 were deliberately and intentionally prolonging the matter and therefore, recording of the evidence could not be completed. On finding that the recording of evidence was not completed, the Forum below simply held that there were complicated questions of law & facts involved in the complaints and therefore, Civil court would be the proper court to decide the complaints.

2.      We are finding that the order passed by the Forum, is per se bad in law and it cannot be sustainable in law.  Once the Forum had taken the cognizance of the complaints and appointed the court commissioner for recording the evidence, who could not complete to record the evidence, Forum should not have come to the conclusion in the midst of the proceedings that the complaints involved complicated question of law & facts, which cannot be dealt with by it and that it passed the order and returned the complaints to the complainant.

3.      This is not a proper order passed by the Forum.  Once the complaints were admitted, it was the duty of the Forum to decide the complaint on perusing the documents adduced by the parties. If the court commissioner was appointed it was the duty of the Forum to see that both the parties co-operated the Court commissioner to complete the recording of evidence. Instead of that, the Forum below simply passed the order on one fine morning and directed the complainant to approach Civil Court, observing, inter alia, cases involved complicated questions of law & facts and returned the complaints to the Complainant.  We are not agreeing with this order as it is per se bad in law and cannot be sustainable in law.  As such, we are inclined to quash and set side the impugned order and remit both the complaints back to the Forum for fresh trial as per the law.  Hence, we pass the following order:-

ORDER

1.      Appeals are allowed.

2.      The impugned order dtd. 04.03.2006 passed by District Consumer Forum, Nagpur is quashed and set aside.

3.      Both the complaints are remitted back to the Forum for fresh trial. Parties to appear in the Forum on 02.07.2011.

4.      The Forum shall dispose of both these complaints within three months on receipt of copy of this order as the complaints are quite old.

5.      Both the parties are allowed to file documents, affidavit evidence, if required.

6.      Copies of this order be supplied to the parties free of cost and also to the Forum immediately.

          Pronounced on 13.04.2011