BRAHMARSHI PT. VIDYASHANKAR VYAS vs D.E.T.

BOTH these appeals are being decided by this common judgment as in both of them common questions of fact and law arise. Appeal No. 1196/2003 Pt. Vidyashankar Vyas & Ors. v. D.E. Telephones & Ors. This appeal has been filed by the appellants against order dated 24.5.2003 passed by the District Forum, Dungarpur by which the complaint of the appellants was dismissed.

IN this appeal it has been submitted that during the course when the matter was pending before the District Forum a prayer was made by the respondents to cross-examine the complainants on their affidavits but that prayer was not allowed. It has been frankly submitted by the learned Counsel for the appellants that his clients are ready to face cross-examination and the matter be remanded back to the District Forum. The learned Counsel for the respondents has no objection. For the reasons mentioned above the impugned order is set aside and the matter is remanded back to the District Forum, Dungarpur with the direction that now the respondents could cross-examine the complainants and thereafter the District Forum would decide the complaint afresh on merits in accordance with law. Parties are directed to appear before the District Forum, Dungarpur on 1.12.2005. Appeal No. 1197/2003 Pt. Mukesh Vyas & Ors. v. D.E. Telephones & Ors. In terms of the decision in Appeal No. 1196/2003, Pt. Vidyashankar Vyas and Ors. v. D. E. Telephones and Ors., this appeal also decided accordingly. Appeal allowed.