No. 7/19.03.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. Sujit Maitra, the Ld. Advocate, Respondent No. 1 through Mr. Barun Prasad, the Ld. Advocate and Respondent No. 2 through Mr. B. Mondal, the Ld. Advocate are present.  Respondent No. 2 files BNA.

This appeal was filed against the judgement and order dated 27.08.2008 whereby complaint was allowed and relief was granted in favour of the Complainant.  Mr. Maitra, the Ld. Advocate appearing for the Appellant contends that the Complainant absolutely failed to prove his case and still then obtained the relief.  Mr. Maitra argues that the complaint itself is not on Affidavit and the Complainant has not filed any Affidavit or any evidence whatsoever nor he deposed himself by filing an Affidavit of evidence.  No witness also was examined nor any hospital records were produced and proved in support of the case of the Complainant.  As regards date of the accident also Mr. Maitra has pointed out there are contradictions in the case of the complaint and in absence of any evidence relief granted by the Forum cannot stand and the complaint should be dismissed forthwith.  Mr. Prasad, the Ld. Advocate appearing for the Complainant and Mr. Mondal, the Ld. Advocate for the Respondent No. 2 supports the judgement of the Forum.

Considering the above contention as also perusing the record we do not find any evidence were at all brought on record either on Affidavit or on examination of witness or production of any document in accordance with law.  The Order Sheet also does not show that even any date was fixed for filing evidence by the Complainant or the O.P.  In such circumstances we are of the opinion that judgement of the Forum below impugned herein cannot stand.  But in the facts and circumstances of the case we allow the appeal and the impugned judgement is set aside and the Forum below is directed to rehear the complaint after giving parties opportunity to adduce evidence in accordance with law and then to decide the matter also in accordance with law.  The appeal is thus disposed of finally.