Sri Shyamal Gupta, Member

This Appeal is directed against the Order dated 28-04-2017, passed by the Ld. District Forum, Kolkata-I (North) in CC/06/2017, whereby the complaint case has been dismissed.

The dispute relates to alleged manufacturing defect of a refrigerator that the Appellant purchased from the Respondents.

Respondent No. 1 initially appeared before this Commission through its Ld. Advocate.  However, at the time of hearing, only the Ld. Advocates for the Appellant and Respondent No. 2 remained present.  They were heard at length in the matter. I have also perused the documents on record carefully.

It is alleged by the Appellant that he was not accorded due opportunity to file evidence.  On a reference to the order sheet dated 29-03-2017 of the Ld. District Forum, it appears that after WV was filed, the Forum below bypassing the procedure laid down u/s 13(2) of the Consumer Protection Act, 1986, straightway fixed the next date for hearing.  This is not acceptable. 

Accordingly, I am constrained to remand the case to the Forum below for fresh adjudication of the matter after giving due opportunity to the parties to file their respective evidence. 

As the Appellant complained of ‘manufacturing defect’ in respect of the refrigerator in question, we make it clear that it would be incumbent on his part to prove this aspect by providing necessary technical/expert report.  Appellant shall take necessary steps in this regard through the Ld. District Forum. 

Accordingly, the Appeal stands allowed in part.  The impugned order hereby stands set aside. Parties to appear before the Ld. District Forum on 17-02-2020 for steps by the Appellant.