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Judgment
THIS is an appeal against the order dated 5.7.2003 passed by the District Forum, Udham Singh Nagar whereby the complaint of the complainant was dismissed.
IT is alleged that the complainant had purchased mushroom soup but he was given tomato vegetable noodle soup. IT was also of expired date. IT is alleged that several persons have been cheated in this way by the canteen holders. The learned Forum directed the canteen holders to act properly for the welfare of the public but dismissed the complaint on the ground that the purchase could not be proved. Before the learned Forum the complainant had summoned all the records of the canteen. His application has been rejected. He prayed here also to give justice to him. The entire records be summoned. We have heard this prayer. The case does not remain of a consumer nature if voluminous records of the canteen are to be summoned, if all the parchis of sales are to be seen, if sales book etc. are to be seen, that shall be a complicated question of facts. These are summary proceedings. Exhaustive evidence cannot be taken in these summary proceedings. In the circumstances as such we find that the case requires elaborate discussion and evidence and in these circumstances, the case should be returned to the complainant to be presented to the Civil Court. ORDER The appeal is hereby allowed to the extent that the judgment and finding of the learned Forum is hereby set aside. The complaint is also dismissed with a direction to the complainant to file a civil suit, if he so prefers, and in case he files a civil suit, he may apply for condonation of limitation etc. in the Civil Court which may be sympathetically considered there and in case his case is admitted in the Civil Court for hearing, the judgment of the learned Forum shall not be treated as an expression of opinion or finding of the case. Cost throughout shall be easy. Appeal partly allowed.