Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member Advocate Mr.Mukesh Y. Dongarge files Vakalatnama for the respondent, taken on record. Admit and heard forthwith with the consent of both the parties. This appeal is directed against the order dated 03/07/2010 passed in consumer complaint No.277/2009 Shri Pandurang Ganpatrao Kalyankar V/s. Shri Mahesh Ashok Teli, by District Consumer Forum, Kolhaour (‘Forum below’ in short). Undisputed facts are that under the scheme “Sase Pala Paise Milva”. Complainant had purchased rabbits, both female and male from the appellant/org. O.P. At that time, parties entered into an agreement styled as “Buy Back Agreement for Rabbit”, whereby the appellant agreed to purchase the produce. Alleged complaint is in respect of health of the rabbits supplied and according to the complainant, they were of inferior quality and therefore, consumer complaint was filed. Forum below uphold the contention of the complainant and directed the O.P. to pay compensation of `15,000/- i.e. price of the rabbits, `50,000/- as compensation towards physical and mental torture and `5,000/- as costs. Feeling aggrieved thereby, this appeal is preferred by org. O.P. As earlier pointed out, the grievance is not about deficiency in service on account of failure to purchase the rabbits under the ‘Buy back Agreement’. As far as supply of inferior quality of rabbits is concerned, complainant wants to rely upon the opinion given by the Veterinary doctor of Zillah Parishad. When we enquired from the Counsel as to whether any evidence or certificate is produced to that effect on record, he gave answer that no evidence is produced. In absence of any evidence, the very foundation led for filing consumer complaint is weakened and it is to be held that complainant failed to adduce any evidence to substantiate his allegation. We are unable to support the impugned order for the reasons mentioned above. Holding accordingly, we pass the following order :- -: ORDER :- 1. Appeal is allowed. The impugned order dated 03/07/2010 is quashed and set aside. In the result, the consumer complaint No.277/2009 stands dismissed. 2. No order as to costs. 3. Copies of the order be furnished to the parties. | 
