21.01.2011

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Appellant through Mr. P.Banerjee and the Respondent through Mr. P.K.Basu, Ld. Advocates, are present.  Heard them in full.  Judgement is passed as under :-

This Appeal has come up for hearing pursuant to the order of remand made by the Hon’ble National Commission.  Before the District Forum the Appellant/Ops namely Sterlite Industries (India) Ltd. & Others did not appear and contest the claim case.  The claim case was thus allowed by the District Forum.  This State Commission reversed the order passed by the District Forum without making any categorical finding on a question of fact.  The Hon’ble National Commission accordingly has set aside the said order passed by this State Commission and sent the case back on remand for recording the finding of fact, if any, for reversal of the order of the District Forum.  In course of hearing of this Appeal the Appellant/Ops have produced certain documents in support of this Appeal.

Evidently the Appellant/Ops have not put in their defence in the claim case.  The question, therefore, arises as to the appreciation of the documentary evidence that has been produced at this appellate stage.  In these facts and circumstances, for the interest of justice we are of the view that the case should be sent back on remand to the District Forum for a fresh trial on the basis of the evidence that may be produced by the Ops.  Accordingly, this Appeal is disposed of by sending the complaint case back on remand to the District Consumer Disputes Redressal Forum, Purulia, with direction to decide the same afresh in accordance with law as expeditiously as possible.