(Against the order dated 06.12.2017 inComplaint Case no. 56 of 2013 passed by the District Forum, Sheikhpura.)

Heard, Mr. Ajay Kumar learned advocate for the appellant and respondent. Supplementary affidavit is filed on behalf of the appellant annexing the certified copy of the order-sheet of the complaint case in question (complaint 56 of 2013. The consumer forum, Sheikhpura from the order dated 11.10.2017 of the said complaint case it is directed to put on 22.11.2017. We do not find order sheet of the dated 22.11.2017. However there is order dated 06.12.2017 for which it is mentioned that the matter heard again and the case was kept for passing the order. Learned advocate appellant submits that even though earlier the written statement could not be filed due to valid reason including the quorum of the District was not available in various dates. Learned counsel for the respondent could not explain of about the past order dated 22.11.2017 and when the matter was heard for the first time. Since the order dated 06.12.2017 referred to the fact that the matter is heard again, in view of the above submissions and the perusal of the order sheet, in our opinion the matter needs to be considered a fresh, giving opportunity to both the parties to filed their pleading and further adduce evidence in support of the same. Let the case remanded to District Forum, Sheikhpura for passing fresh order expeditiously preferably within a period of six months receipt/production of the certified copy of the present order. Both parties to appear before the District Forum on 17.08.2018 in the complaint case in question. The impugned order is set aside.

In the result, appeal stands allowed and matter is remanded for a fresh hearing.

Member(F)                                                                               President