GAURI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) -After hearing the Counsel appearing on both the sides we consider that the State Commission was not justified in declining to adjudicate on the merits of the complaint by stating that elaborate evidence will have to be taken before the issues raised can be satisfactorily decided. As has been pointed out by the State Commission in S.K. Abdul Sukur v. State of Orissa, II (1991) CPJ 202 (NC). the mere fact that for deciding the dispute, evidence will have to be taken does not justify the denial to the parties of the benefit of adjudication by the Consumer Disputes Redressal Forum. The provisions of the Act contemplated oral evidence being taken before the Forum. We do not see any reason in the present case why the Forum itself cannot take oral evidence and satisfactorily adjudicate upon the issues arising for consideration in this case. The order of the State Commission is accordingly set aside and the complaint petition is remanded to the State Commission for adjudication on the merits after allowing both parties to adduce such oral and documentary evidence as they may consider necessary to place before the State Commission. We have no doubt that the State Commission will give priority to the disposal of this complaint petition since it is an old case. The appeal is allowed as above. There is no order as to costs. Appeal allowed.