GENERAL MANAGER TELECOM AMRITSAR Vs. SURJIT SINGH

JUDGEMENT

(1.) The procedure prescribed under Sec.13 of the Consumer Protection Act was not followed in this case, which has resulted in injustice to the opposite party. The appeal is by the Telephone Department against order of District Forum, Amritsar dated May 21,1997 giving direction to the Telephone Department to pay compensation of Rs.1,000/- with Rs.500/- as costs and with further direction not to charge rentals for the period during which the telephone remained disconnected.

(2.) On perusal of the proceedings of the District Forum we noticed that written statement was filed on behalf of the opposite party on May 20, 1997. Arguments were heard and the case was posted for orders on May 21,1997 on which date the final order was passed. Sec.13 requires an opportunity of leading evidence to be given after filing of version by the opposite party, more so when allegations made in the complaint are not admitted and are specifically denied. In the present case also the Telephone Department did not admit the allegations of the complainant. The impugned order is, therefore, not sustainable in law. Appeal is allowed. Order of the District Forum is set-aside. Case is remanded to the District Forum for fresh decision according to law, after affording opportunity to the parties to lead evidence. Parties present are directed to appear before the District Forum on 21.12.1998. Copy of the order with District Forum record be sent there promptly.