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Judgment
THIS is an appeal by the complainant.
ONLY ground on which the complaint was dismissed is that the cause of action arose prior to the coming into force of the Consumer Protection Act. The District Forum is not correct. Even deficiency in service, which could have otherwise been made a grievance in a Civil Court, can be a subject matter of complaint though the cause of action arose prior to the coming into force of the Act. Accordingly, the impugned order is vulnerable. Mr. P.C. Das, learned Counsel for the respondent, submitted that the amount has already been paid to the complainant on 14-10-1991. This has been stated in the counter-affidavit filed. This is a matter to be taken into consideration on enquiry. Accordingly, the impugned order is set aside for hearing of the complaint afresh. Both the parties shall produce the materials before the District Forum for enquiry. Since both the parties have entered appearance in this appeal, they are directed to appear before the District Forum on 24th December, 1992 on which day the District Forum shall intimate them the date of enquiry. Opposite party shall be given opportunity to state its case with the materials in support of the same.
With the direction and observations aforesaid, the appeal is allowed. There shall be no order as to costs. Appeal allowed.