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

(1)               This appeal takes an exception to an order dated 21/03/2011 in Consumer Complaint No.49/2011, Shri Pravin Krishna Tatkari Vs. The New India Assurance Co.Ltd., passed by District Consumer Disputes Redressal Forum, Ratnagiri (‘Forum’ in short).   Consumer complaint stood dismissed and hence the complainant filed this appeal.

(2)               The disputed question that arises here is about the fact as to whether proper care while keeping the vehicle parked when it was stolen was taken or not.  When we enquired from the learned counsel for the parties about the evidence led, it is submitted that only documents were produced but no evidence as per Sec.13(4) of the Consumer Protection Act, 1986 was led.  They want an opportunity to lead evidence as per Consumer Protection Act, 1986 so that the dispute could be settled in proper and just manner.  We find, in the backdrop of the circumstances mentioned, it would be to serve cause of substantial justice to give such opportunity to both the parties to lead their respective evidence so that the dispute could be settled in just and proper manner.  Holding accordingly, we pass the following order.

ORDER

 (1)    Appeal is allowed.

(2)     Impugned order dated 21/03/2012 is set aside in the light of observations made in the body of the order.  The complaint is remitted back to the forum for de-novo trial from the stage of evidence.  Both the parties shall appear before the forum on 22/03/2013.   

(3)     Hearing of the complaint be expedited. 

(4)     No order as to costs.   

(5)     Accordingly the appeal is disposed off.

Pronounced on 11^th February, 2013.