R.C.L.PATHAK vs NEW DELHI MUNICIPAL COUNCIL (NDMC)

THE complaint of the appellant was dismissed by cryptic, laconic and unreasoned order dated 21.6.2002 passed by District Forum that the grievance of the appellant for refund of the payments, he had made to the New Delhi Municipal Council (NDMC) cannot be adjudicated because it involves various issues of detailed examination of witnesses which is not possible under the summary proceedings. We are afraid the observations made by the District Forum are baseless as the grievance of the appellant was of such a nature which could have been determined or decided on the basis of affidavits of the parties and their witnesses, if any. He had only sought for the refund of the payments, he made for the period during which his water connection remained disconnected. Only those matters are determinable by the Civil Court which involve lengthy process of examination and cross-examination of the witnesses in order to sift truth from the falsehood by way of full dress trial and not the consumer dispute of the nature we are concerned with.

IN the result, appeal is allowed, impugned order is set aside and matter is sent back to the District Forum to decide it on merits as expeditiously as possible and preferably within six months. The parties shall appear before the concerned District Forum for the aforesaid purpose on 14.1.2005. Appeal allowed.