DINBANDHU BHUMI VIKAS SANSTHA vs KISHOR ISHWAR PEKDE

MR. J.C. Shukla, Advocate for the appellants in all the appeals. None is present on behalf of the respondents although it is stated duly served. The appeals were moved before us for admission on 23rd September, 2002 when we issued notice before admission to the respondent in all the three appeals making it returnable today. The Hamdast was granted to the appellants Advocate to serve. MR. Shukla who appears for the appellants states that respondents have been duly served. Thus being aware of today''s returnable date of the appeals for admission hearing, respondents have not chosen to remain present.

AS we noticed there is an apparent error on face of the record, on examination of the material made available before us on the part of the District Forum in not perusing and adverting to the material documents. Copies whereof have been made available to us namely Debit Vouchers issued by the complainants in respect of the amounts of claim in question being the subject matter of the complaints herein evidencing refund of the amounts to the complainants in respect of which the District Forum has passed the order for refund. The appellants herein are the original O.Ps. in the aforesaid complaints and the respondents are the original complainants. (Hereinafter for brevity''s sake appellants are referred to as "Sanstha" duly registered under Maharashtra Co-operative Societies Act, 1961 and the respondents are "Plot Purchasers").

It is noticed that the plot purchasers had deposited the amount being the subject matter of the complaints with the Sanstha for purchase of plots.

WITH the grievance that plots were not delivered, they approached the Addl. District Forum, Nagpur claiming refund. Sanstha appeared and filed the written statement and inter-alia pointed out that on the application of the respective plot purchasers, amounts paid by the respective plot purchasers were remitted and in support thereof debit vouchers issued in the name of respective plot purchasers have been referred to and xerox copies annexed to the appeal memo.

HOWEVER, District Forum has proceeded to pass the award on the footing that amounts deposited/paid by the plot purchasers have not been refunded. We further noticed that the District Forum has not taken into consideration the documents namely debit vouchers in the name of the plot purchasers issued by the Sanstha evidencing the refund of the amounts. Thus it would be noticed that the District Forum has completely loss the sight of vital evidence in the matters. We ourselves have thrashed out the matters on merits since the original complainants have not remained present, in interest of justice we think it appropriate that these matters should go back to the District Forum for consideration afresh on merits. ORDER 1. Appeals are allowed and impugned orders in the respective appeals are set aside. 2. Matters remitted to the District Forum for consideration afresh on merits in accordance with the Law and the Rules and on the basis of observations appearing in the body of the judgment herein. 3. The appellants'' Advocate shall furnish copy of the order to the District Forum as also to the original complainants. 4. District Forum shall proceed to dispose of the matters totally uninfluenced by its earlier findings or any observations of ours appearing in the body of the judgment concerning the merits. 5. District Forum shall ensure the disposal thereof expeditiously on receipt of the order herein. 6. We are directing the parties to appear before the District Forum on 23rd December, 2002 for seeking appropriate directions in the matter of fixation of the date of hearing. 7. Appeals stand disposed of with no order as to costs. 8. Office shall furnish copies of the order to the parties.

Appeals disposed of.