Dated:20.08.2022

ORDER

BY SRI. K. B. SANGANNANAVAR, JUDICIAL MEMBER

1. This is an appeal filed by OP in CC/18/2018 on the file of District Consumer Disputes Redressal Forum, Ballary aggrieved by the order dated 05.11.2018.

2. The Commission examined the grounds of appeal, impugned order and heard.

3. Learned counsel for appellant/OP submits that appellant has supplied bees in the stand and hives, bees which according to complainant/respondent where put in his land bearing survey no.164/A situated in Bhatri Village, but as per Ex.D4 report indicates that the inspection of the bees and their colonies, were put in the residence of complainant/respondent and in this regard would strenuously urged that the clarification obtained from Mr.Anand Kumar V, author of Ex.D4 discloses that letter dated 25.11.2017 is obtained by Mr. R. Arvind the complainant at his request and he has clarified on some questions raised by OP/appellant herein.  It is to be noted herein that this clarificatory letter is obtained only after passing the impugned order, since learned counsel for appellant/OP further submits that for having supplied bees they received only Rs.2,500/- but Forum below awarded Rs.22,500/- which includes price of box has to be held contrary to facts.  Further the Forum below has failed to appreciate the evidence of complainant, wherein he admits that, in the residence of the complainant there were several honey bee boxes out of which he had shown 5 boxes.  In such circumstances, it is not clear that dead bees were supplied by OP.  In such circumstances, matter requires reconsideration.  Accordingly, we proceed to allow the appeal.  Consequently, set aside the impugned order dated 05.11.2018 passed in CC/18/2018 on the file of District Consumer Disputes Redressal Commission, Ballary with a direction to reconsider the matter afresh affording opportunity to both parties.  All contentions are kept open.  The Commission below is directed to consider the letter dated 20.12.2018 issued by Mr. Anand Kumar V, author of Ex.D4.  The parties are directed to co-operate the Commission below to decide the case afresh as early as possible not later than three months from the date of receipt of this order.

4. Amount in deposit is directed to be transferred to the concerned District Forum for the needful.

5. Send a copy of this Order to the District Commission and parties to the appeal.

        Lady Member                             Judicial Member     

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