NEW LITE DYERS AND DRY CLEANERS vs BHARAT BHUSHAN

THIS appeal is directed against the order of the District Forum, Shimla, dated 25.10.1999. By the said order, the appellant has been directed to refund the cost of the coat of the respondent, stated to have been given for dry cleaning purposes, which has been quantified at Rs. 2,900/-. Additionally, damages of Rs. 2,000/ - and litigation cost of Rs. 1,000/- have also been awarded by the said order.

THE respondent moved the District Forum by his complaint that the coat in question, was given by him to the appellant for dry cleaning, but due to the alleged negligence etc. of the appellant, the coat appears to have beenmisplaced and as per the case of the respondent, it was never returned to him. THE learned Counsel for the respondent has stated before us that the coat has not been returned to his client till date. After hearing the learned Counsel for the parties and going through the record of this case, we find that the impugned order is not sustainable, the same having been passed contrary to all norms of legal procedure as enshrined in our Constitution as well as in glaring violation of the rules of natural justice which enjoin that no party to a cause or lis should be condemned unheard, and without being given any opportunity to meet the case set up by the opposite party, which is exactly what has happened in the present case.

A perusal of the various orders passed by the District Forum indicate that on the very first date of appearance of the appellant before it, the learned District Forum proceeded to make up its mind about the nature of the dispute between the parties by holding it to be a trivial matter. Not only that, the parties were ordered to settle the dispute amicably on or before the next date. Thereafter, the sequence of the orders passed on the subsequent dates clearly spells out the partisan approach adopted by the learned District Forum in the present case. Suffice it to say, in none of the orders there is any indication that even a single opportunity was aforded to the appellant as opposite party before it, by the District Forum to file its reply to the complaint of the respondent. Rather, it was being compelled to settle the dispute with the complainant. To say the least, this approach of the learned District Forum must be strongly deprecated.

TO sum up, the appellant has been burdened with an amount of Rs. 5,900/- without being given any opportunity to defend itself or meet the case of the complainant by the impugned order of the District Forum, Shimla. It necessarily follows that the same must be set aside on that short ground. Ordered accordingly. In consequence of the above, after setting aside the impugned order, we direct the parties through their learned Counsel to appear before the District For um, Shimla on 1.9.2000. Thereafter, the District Forum shall take up the proceedings from the stage of appearance of both the parties before it and give due opportunity to the appellant to file reply. Then, if so required, parties shall be permitted to lead their respective evidences culminating in the complaint reaching the stage of hearing. Needless to say that the complaint shall be heard, decided and disposed of by the District Forum in accordance with the law. The present appeal is disposed of in these terms. Appeal disposed of. _______________