Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member

1.       Adv. Mr Umesh Mangave for appellant and Ms. Rashmi Manne, holding for Adv. Mr U.B. Wavikar for respondent  present.  Heard finally at the stage of admission itself with the consent of the parties.

2.       This appeal takes an exception to the order dtd.20.10.2009 passed by District Consumer Disputes Redressal Forum, Kolhapur (the forum, in short)  in Consumer Complaint No. 511/2008, Patankar Hotel Enterprises Ltd., through Manager Shri Ramesh Ganpat Shinde Vs. Pallavi Electrical & Mechanical Works, through Proprietor Shri Rajendra Shripatrao Yadav,  

3.       It is a grievance of the respondent - complainant that (the complainant, in short) the work of installation and making  two lifts operational as per the order dtd.21.07.2007, which was to be completed by 3^rd week of September 2007 by the appellant / opponent (the opponent, in short), was not completed and it left the work incomplete. Therefore, the lifts remained not operational.  Thus, alleging deficiency in service on the part of the opponent, the consumer complaint was filed.

4.       The opponent preferred to remain absent before the Forum in spite of notice. Under the circumstances, considering the material placed before it by the complainant, particularly the document dtd.21.07.2007 which reflects the terms of contract between the parties, the Forum directed the opponent to refund the amount, which was received by way of advance for installation and making operational of the lifts.  However, feeling aggrieved by the order passed, opponent preferred this appeal.

5.       It is submitted on behalf of opponent that they have installed the lifts but only certificate of fitness to make the lifts operational, was not supplied to the complainant.  It is further submitted on behalf of the opponent that it is not a case of complainant, that the fitness certificate could not be granted due to defects in installation of the lifts.  This fact and including all other relevant facts have not been rendered before the Forum. Therefore, appellant asked for remand of the matter to the Forum, where fair opportunity could be availed by both the parties including filing of written version by the opponent. Respondent has no objection in adopting such course.  Hence, considering such concession given and to do the ultimate justice, we hold it proper to set aside the impugned order and remand the matter in the aforesaid circumstances and pass the following order:

ORDER

1.       Impugned order dtd.20.10.2009 is set aside.

2.       Matter is remanded back to the Forum in light of the observations made in the body of the order. 

3.       Both the parties shall appear before the Forum on 29^th April 2011.

4.       After appearance of both the parties before the Forum, the Forum shall give an opportunity by way of last chance to file written version by the opponent and further to tender the evidence by both the parties as per provision under section 13(4) of Consumer Protection Act, 1986 and after hearing both the parties, settle the dispute according to law.

5.       The Forum shall expeditiously dispose of this consumer dispute.

6.       In the given circumstances no orders as to cost. 

7.       The amount deposited u/s 15 while filing the appeal, be refunded to the  appellant – opponent.

8.       Copies of the order be furnished to the parties and the Forum.

          Pronounced on 23.03.2011.

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