ALIDAC DISTRIBUTORS Vs. AMARJYOTI ROADWAYS

JUDGEMENT

(1.) THIS appeal has been filed by the complainant in Original Complaint No. 168 of 1991 on the file of the State Commission, Gujarat challenging the order dated November 30, 1992 passed by the State Commission declining to adjudicate upon the merits of the complaint and relegating the complainant to the remedy by way of instituting a suit before the ordinary Civil Court.

(2.) AFTER having gone through the complaint petition and the statement of objections filed by the Opposite Parties we are unable to agree with the view expressed by the State Commission that the case involves complicated questions of law and facts, which cannot be satisfactorily adjudicated upon in proceedings under the Consumer Protection Act. The issues raised in the case are comparatively simple and the mere fact that some evidence may have to be adduced for adjudicating upon them will not by itself justify the refusal by the Consumer Forum to enter into the merits of the case and conduct an adjudication thereon.

(3.) WE are of opinion that the State Commission should have gone into the merits of the case and given its decision on the issues arising in the case after permitting both the parties to adduce such documentary and oral evidence necessary for adjudication of those issues. The order passed by the State Commission declining to enter into the merits of the case and relegating the parties to the remedy by way of Civil Suit cannot be sustained and it is hereby set aside. The Complaint case is remanded to the State Commission for de novo disposal after affording to both the sides a fair and adequate opportunity to place before it their oral as well as documentary evidences. The appeal is allowed to the limited extent indicated above. The parties will bear their respective costs.