ORDER NO. 5 DT. 30.12.08

HON'BLE MR. JUSTICE A.CHAKRABARTI, PRESIDENT

This Appeal was filed challenging the order dt. 12.8.08 passed by the Bankura District Consumer Forum in Complaint Case No. 17 of 2007, whereby the complaint was allowed giving certain directions.  Mr. Mukhopadhyay, Ld. Advocate for the Appellant, at the outset contends that the matter has been decided finally by the Forum below without granting opportunity to the parties to adduce evidence.  The LCR was brought and on perusal thereof it appears that written version was filed by the OP on 14.12.07 and then onwards dates were fixed either for final hearing of the case of for delivery of judgement.  Though a good number of dates were passed before final judgement was delivered, no opportunity was granted to either of the parties for filing evidence.  In the circumstances, we are of the opinion in the interest of justice that the matter requires to considered by the Forum below on merit granting opportunity to the parties to file evidence.  In above view of the matter the impugned judgement is set aside.  The Appeal is allowed.  The Forum below is directed to decide the matter finally after granting opportunity to the parties to adduce evidence in accordance with law.  LCR be sent back forthwith along with a copy of this judgement to the Forum below.