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Judgment
AFTER having undergone the process of seeking reply to the complaint of the appellant and rejoinder by him and affidavit by way of evidence the District Forum has dismissed the complaint vide impugned order dated 6.11.2006 on the short ground that the complaint was not even signed by the complainant and the special attorney given by the complainant was not notarised and attorney is neither legal or authentic as per requirement of law. District Forum did not touch upon the merit or the facts though it devoted more 4-5 pages by culling out allegations of the complainant and defence version of the respondent and affidavit of evidence.
ONCE the complaint is admitted and subjected to reply rejoinder and evidence it has to be decided on merit and not by deciding preliminary legal objection or any other technical ground and leaving all other disputes undecided. It appears that the District Forum has interpreted the provisions of Consumer Protection Act as if it was interpreting Civil Procedure Code. These are such complaints which can be prosecuted by any person on behalf of the complainant. Rules and orders governing pleadings as contemplated under the C.P.C. are not applicable in the proceedings under the Consumer Protection Act. A layman who is semi-educated can file complaint in his own words against the service provider or the manufacturer or trader. Whether the person who has filed the complaint is authorized person or not should have been adjudicated at the time of admission and not at the time the matter was listed for final decision.
In view of the foregoing reasons we allow the appeal at the outset, set aside the impugned order and send back the matter to the District Forum for deciding it afresh on merits.
PARTIES shall appear before the District Forum on 10.4.2007 for the aforesaid purpose. F.D.R./Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.
COPY be sent to all the District Foras. A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal allowed.