Tribunals and Commissions(1999) 08 NCDRC CK 0017

S.C. GUPTA vs PANKAJ TRIPATHI

National Consumer Disputes Redressal Commission · Decided on 13 August 1999 · Citation: 1999 3 CPJ 258 : 2000 1 CPC 55

HON’BLE JUDGES
K.C.Bhargava , D.D.Bahuguna J.
RESULT
Case remanded

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Judgment

3 paragraphs · 184 words
1.

THIS is an appeal against the order dated 16.2.1999 passed by the District Forum, Lucknow-II in Complaint Case No. 137 of 1998.

2.

WE have gone through the record and perused the order passed by the District Forum. WE find that the order has been made in a summary and casual manner. It has also not been mentioned whether the opposite party was given notice by the District Forum or not. It cannot be said to be a judgment delivered by the District Forum in the eye of law. Therefore the case is liable to be remanded for fresh trial. ORDER The case is remanded to the District Forum concerned and the order passed by the District Forum is set aside with the direction to re-admit the same to its original number in accordance with law after giving opportunity to the parties. Parties shall appear before the District Forum on 23.9.1999. The execution proceedings are also set aside.

Let copies be made available to the parties as per rules and a copy sent to the District Forum, concerned within a week Case remanded.