Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member

          This appeal takes an exception to an order dated 24/06/2003 passed in consumer complaint No.88/2002, M. Gopinathan V/s. St.Ann’s Eng. Med. High School, Pune, passed by Addl. District Consumer Disputes Redressal Forum, Pune (‘the Forum’ in short). 

2.       As per the impugned order by allowing the complaint, opponent is directed to give admission to the ward of the complainant or alternatively to pay compensation of `1 Lakh.  Feeling aggrieved thereby, the org. opponent/School preferred this appeal.

3.       We heard Mr.S.B. Prabhawalkar, Advocate for the appellant and Mr.U.B. Wavikar, Advocate for the respondent.

4.       It is submitted on behalf of both the parties that leaving apart the issue of legality and propriety about the nature of directions given in view of the provisions of Section 14 of Consumer Protection Act, 1986 (‘the Act’ for brevity); both the parties were not given reasonable opportunity to lead their respective evidence under Section 13(4) of the Act and it is also pointed out that though the School opposed the consumer application by sending letter and had given their say, they are not formally submitted their written version within meaning of the Act.  In this context both the parties further submitted that it will meet the ends of justice if the impugned order is set aside and matter is remanded back to the Forum for de novo trial. 

5.       Considering the submissions made before us and the nature of the impugned order passed, we find substance in their submission.  Hence, we hold accordingly and pass the following order :-

                             -: ORDER :-

1.                 Appeal is allowed.  The impugned order dated 24/06/2003 is set aside.

2.                 Complaint is remitted back to the Forum for de novo trial from the stage of allowing the opponent to file their written version.  Needless to say that if the complainant wants to clarify their pleading, they should also be given an opportunity to make an appropriate amendment application on the date of appearance before the Forum.

3.                 Both the parties shall appear before the Forum on 15/02/2012.

4.                 The Forum shall expedite hearing of the complaint.

5.                 In the given circumstances, both the parties to bear their own costs.

6.                 Record & Proceeding be sent back to the Forum.

7.                 Copies of the order be furnished to the parties.

Pronounced

Dated 18^th January 2012.