Per Justice Mr.S.B. Mhase, Hon’ble President
Heard Petitioner in person.
This Revision Petition is disposed of at the admission stage itself without service to the other side since question involves in this Petition is in respect of service to the opponents.
This Revision Petition is directed as against the order which was passed by District Forum, South Mumbai in Consumer Complaint No.78/2012 on 26/09/2012. It appears that in the said complaint, notices were issued to the opponents. Those notices were issued through registered post acknowledgement due by the revision petitioner. He has produced on record the receipts which were given by the Postal Authority when he gave postal packets to the Postal Authority. Since acknowledgements were not received and/or the postal packets were not returned back by the Postal Authority, revision petitioner-original complainant went to Dadar Post Office and in respect of each of the articles, the information has been obtained. It appears that in respect of each of the postal dispatch, there is a report that article has been delivered. However, unfortunately, neither office of the South Mumbai District Forum has considered these documents nor the Member who passed the order has considered these documents properly. In fact electronically transmitted documents can be used as evidence to establish particular fact. At the most, in view of provisions of Section 28-A of Consumer Protection Act, 1986, District Forum could have insisted for filing of affidavit that the service has been properly effected and the address is proper one. Instead of doing that District Forum has observed that these documents are not sufficient for the purpose of service. This approach is illegal one. On the contrary, had the Member made sufficient efforts to look into the provisions, such order could not have been passed. Now, electronically transmitted material has been accepted as evidence under the Evidence Act. Therefore, Revision Petition is partly allowed. Office of the District Forum, South Mumbai and especially, Members of the District Forum, South Mumbai are directed to scrutinize every article number and address and tracking record and thereafter come to the conclusion. At the most they can ask the complainant/petitioner herein to file affidavit under Section 28-A of Consumer Protection Act, 1986. In view of provisions of Section 28-A of Consumer Protection Act, 1986, complainant may make a declaration that service is complete or incomplete.
With these directions, Revision Petition is disposed off.
Pronounced
Dated 24th January 2013.
