No. 7/12/02.2010.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. Prabir Basu, the Ld. Advocate and Respondent through Mr. Barun Prasad, the Ld. Advocate are present.  The contention has been made by the Ld. Advocate for the Appellant, Mr. Basu that the reply to questionnaire filed by the Complainant before the Forum below was not supported by an Affidavit but is verified only.  Admittedly evidence has to be filed supported by Affidavit and reply being the evidence requires to be supported by Affidavit.  Though in the judgement of the Forum below the reply has not been depended upon for decision, but in the present appeal such reply has to be looked into and to be relied on.  In the absence of Affidavit the matter remains irregular.  Mr. Prasad disputed the contention but could not give up said reply in support of the case of his client.  In the circumstances the matter is sent back on remand before the Forum for a decision in the matter on merit after granting the Complainant an opportunity to file reply supported by Affidavit.  Mr. Basu replied on the judgement of the Hon’ble National Commission in Revision Petition No. 217 of 2007 Dr. Ramendra Nath Chowdhury – vs. – Sisir Kumar Ganguly & Others.  Following the said law and in view of the aforesaid fact the matter is sent back on remand and the judgement impugned is set aside.  The Forum is directed to decide the matter afresh following the observation hereinabove.

LCR be sent back forthwith along with the copy of the judgement.