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Judgment
DISSATISFIED with the quantum of relief granted by the District Forum, Ferozepur, the appellant before us is the complainant before the District Forum.
THE appellant, who has appeared in person, has strenuously contended that the learned District Forum did not afford him due opportunity to lead evidence. He further submitted that Oil account of non-conversion of debentures into shares by the respondent-company he has been ruined. Having the legitimate expectations of the allotment of shares and the consequent sale thereof, he has entered into an agreement on 21.1.1993 for the purchase of plot measuring 5 Marlas for Rs. 55,000/- and paid Rs. 25,000/- out of the said amount being the earnest money to one Shri Amarjit Singh, son of Sh. Mohinder Singh and as per the agreement clause, the sale deed was to be executed on or before 18.3.1993. Inspite of the loud protestations made, he was not allotted the shares and consequently, he could not raise the amount for execution of the sale deed and the amount of Rs. 25,000/- deposited as earnest money was forfeited. He brought to our attention the complaint filed by him before the District Forum, wherein he has categorically prayed for the value of 100 shares of the Company as on 13.2.1993 and interest from 13.2.1993 to 25.4.1993 and in the alternative, difference at rate of February, 1993 and the prevailing rate in the market and interest thereon. THE learned District Forum has not given any finding nor has it dealt in any way with the said aspect of the case in the impugned order. Having heard the complainant and perused record, we are of the view that the facts and circumstances of the case and the ends of justice require that the cast be remitted back to the District Forum, Ferozepur with the direction that the District Forum, would afford one importunity to the complainant to lead the evidence and if the complainant fails to produce its evidence on the said opportunity being given by the District Forum he would not be entitled to any other opportunity and his evidence would be deemed to be closed. Thereafter, the District Forum would decide the case on merit in accordance with law. However, we make it clear that the present order of ours will keep the relief already granted by the District Forum to the complainant/appellant intact. No order as to costs.
In the terms indicated above, the present appeal is accepted and the case is remitted back to the District Forum, Ferozepur. Copies of the order be sent to the parties free of costs and the record be sent to the District Forum, Ferozepur. Appeal accepted.