MODERN AUTOMOBILES LTD. vs N.D.BHARDWAJ

THIS appeal is against the order of the learned District Forum, Shimla, dated 2.5.2002, whereby the appellant has been directed to refund the amount of Rs. 6,250/- being the price of five tyres of the complainant/respondent.

THE request of adjournment made on behalf of the learned Counsel for the appellant has been declined on the short ground that at his instance three adjournments have already been granted and the appeal is of the last year. However, on going through the impugned order, we find that the same does not state either the pleaded facts, including the defence taken in the reply by the appellant as opposite party, and has been passed in a cryptic and non-reasoned manner. Moreover, from a perusal of the record, it transpires that the affidavit in support of the complaint does not bear the signatures of the complainant Shri N.D. Bhardwaj, respondent herein, and yet it has been attested by the concerned Oath Commissioner. In other words, the allegations in the complaint are not supported by a proper and legal affidavit of the complainant and cannot be deemed as correct. For the same reasons, the Annexures along with the complaint, including Annexure-A on which reliance has been placed in the impugned order, shall be deemed to be not supported by any affidavit sworn on oath and thus cannot be accepted as a gospel truth. Additionally, the said Annexures are xerox copies of the original documents and without any duly sworn affidavit in accordance with law, the same cannot be taken as having been proved. THE impugned order being based on such non-existent pleadings is itself no order in the eye of law. It is indeed very surprising and strange that the learned Forum below failed to take all these glaring facts apparent on the face of the record into consideration before disposing of the complaint in favour of the respondent in a hurried manner. For the aforesaid reasons, the impugned order is set aside and the case is remanded back to the learned Forum below for a proper decision in accordance with law. Record of the case be transmitted forthwith. THE parties through their learned Counsel are directed to appear there on 24.2.2004. THE appeal is disposed of accordingly. Appeal disposed of.