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Judgment
Heard both the parties.
This appeal has been filed against the order dated 06.07.2018 passed by the State Commission in Consumer Complaint No. 325/2018.
The learned counsel for the appellants states that on the day of issuing the notice to the opposite party, the complaint itself was finally decided by the State Commission. The opposite party was not heard nor any reply was filed by the opposite party before the State Commission.
On the other hand, the respondent no. 1 states that before the District Forum, the reply and evidence of the opposite party were filed. However, later on, the District Forum dismissed the complaint on the ground of pecuniary jurisdiction with liberty to file the same in the court of the competent jurisdiction as per provision of law and therefore the version of the opposite party was before the State Commission.
It is seen from the order dated 04.01.2018 that the District Forum dismissed the complaint on the ground of pecuniary jurisdiction. However, it gave the liberty to the complainants to file the complaint before the appropriate forum having pecuniary jurisdiction. Accordingly, the complaint was filed by the complainants before the State Commission. From the order of the State Commission, it is clear that the appeal was decided on the day when it was listed for admission and for issuing notice to the opposite party.
Thus, the order of the State Commission is totally against the provisions of the Consumer Protection Act, 1986. Accordingly, the Order dated 06.07.2018 of the State Commission is set aside and the matter is remitted back to the State Commission with the directions that the matter be restored to its original number to decide the complaint as per the law.
For the sake of saving the time, it is also ordered that the file of the District Forum be summoned by the State Commission and the written statement and the evidences as filed by the parties may be utilised as it is, so that the matter may be heard finally by the State Commission and be decided accordingly.
The State Commission shall make endeavour to decide the complaint within a period of six months. The parties to appear before the State Commission on 30.05.2019.
Copy of this order be also sent to the District Forum.