Per Shri P.N.Kashalkar, Hon’ble Presiding Judicial Member:- 

This revision petition is filed against the order passed by District Consumer Redressal Forum, Nashik rejecting the application of the applicants/complainants.  By the said application the applicants had sought permission of the District Consumer Redressal Forum to file some affidavits including herself in support of her medical negligence case.  The Forum below however rejected said application observing that by the order dated 25/06/2006 the applicant was given due opportunity to file affidavits of witnesses, but the applicants/complainants did not avail the said opportunity in 2 ½ year and did not file affidavits of any witnesses and on this ground the application came to be rejected.

        Against the said rejection, this revision petition has been filed by the original complainants.  It is true that there is inordinate delay in disposing of this complaint because there is inordinate delay on the part of revision petitioner in filing the affidavits of witnesses in Forum below. As per mandate of law within period of 90 days the consumer complaint is required to be disposed of but this consumer complaint is still pending which is filed in the year 2005.  There is inordinate delay in disposing of this complaint and for delay it appears that complainants and opponents are responsible.  Since five years delay has already occurred in disposal of complaint, delay of  a few months here and there will not affect both the parties.

        The consumer complaint is required to be decided on merits  and technicalities should not be given undue importance to advance justice at this belated stage.  Hence, we are inclined to allow the revision petition by permitting the revision petitioners to file the affidavits, documents and compilation which is submitted before us as per oral direction given by this Commission on previous date. 

        In the circumstances to give fair chance to the complainants, we are inclined to allow this revision petition by quashing and setting aside the order passed by District Consumer Redressal Forum, Nashik on 31/03/2010.  Hence, we pass the following order:-

                                        :-ORDER-:

1.   Revision petition stands allowed.

2.   Impugned order dated 31/03/2010 passed by the District Consumer Redressal Forum, Nashik is hereby quashed and set aside.

3.   The compilation filed before us should be sent back to the District Consumer Redressal Forum, Nashik so that the affidavits, documents which are part and parcel of the compilation filed before us shall be filed on the file of District Consumer Redressal Forum and District Consumer Redressal Forum in turn shall try to dispose of the consumer complaint within period of two months from the date of receipt of this order.

4.   Parties are left to beat their own costs.

5.   All the parties are directed to appear before District Consumer Redressal Forum on the date already given by District Consumer Redressal Forum, Nashik  

6.   Copies of the order herein be furnished to the parties.

Nbh