SINTHEE GAS SERVICE Vs. BHUNATH PAUL

JUDGEMENT

(1.) This appeal has been preferred against the order passed by the Ld. Calcutta District Forum on 18.3.93.

(2.) The fact of the case is that the complainant/respondent hereof on his application got a L. P. G. Gas connection on 17.3.92 after five years of waiting and accordingly when on 28.3.92 he had been to the concerned LPG dealer under the name and style Sinthee Gas Service, the later compelled him to buy a Gas Stove at a more higher price than which is prevailing in market and for that the original case from which this appeal crepped in was filed before the Ld. CDF wherein it was decided on the basis of the documentary evidence filed by the complainant, that the allegation made by him are true and correct and accordingly the present Appellant/ O. P. was directed to refund Rs.600/- with interest mentioned therein to the former. It is against that order, the present appeal has been preferred.

(3.) The main contentions of the Appellant/ O. P. in his memo of appeal is that the impugned order of the lower Forum is liable to be set aside on the grounds that though for absence of the Respondent/complainant in the CDF at the time of hearing on two consecutive dates his case was dismissed for default yet the same was restored suo moto by the lower Forum without having any petition containing prayer to that effect and that also behind the O. Ps. back, without serving any notice on him and without giving any opportunity to him of being heard revishing the established principles of Natural Justice. His further grounds of attack is that impugned order was also passed without perusing and considering the price list of the Gas Stove in question.