1. RESPONDENT who is original complainant is present along with his A.R. in response to the notice issued earlier by this Commission.
2. WE are proceeding to dispose of this appeal at the stage of its admission itself on perusal of the material available in the appeal paper book and on hearing the learned Advocate for appellant and A.R. for respondents.
At the outset in may be stated that the appeal as filed is not proper remedy. The main consumer dispute is still pending and appellants who are original O.P. have approached this Commission in this appeal against the order passed by District Forum at interrogatory stage.
We notice that the District Forum has entertained and allowed the application presented by and on behalf of complainant for referring the matter to expert. It is noticed that the dispute pertains to an Automobile viz., Vehicle in respect of which complainant had certain grievances including manufacturing defect.
3. IT is noticed that the District Forum has referred the matter to an Expert whose according to the O.P. name was suggested by the complainants themselves who has also submitted a report.
O.Ps. have objected to the appointment of the said expert as also the report itself.
4. IN this respect, we wish to refer to the provisions under Section 13(i)(f) of Consumer Protection Act, 1986, which adequately envisages the position as obtained in the matter herein. For ready reference said Sub-section ''(f)'' is reproduced: 13(i)(f)-If any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, the District Forum shall require the opposite party or the complainant to submit in writing his objections in regard to the report made by the appropriate laboratory.
By plain reading of the sub-section would show that parties are permitted to file their written objection about the reports. Although reference is made to the appropriate "Laboratory" by analogy the same principle cannot be extended even to the Experts as is the case in hand.
We are of the view that it will be proper on the part of O.Ps. to take up said step as provided in the above quoted provision of Consumer Protection Act, 1986.
5. THEREFORE, we clarify that O.Ps. will be at liberty to file their written objection to the said report of the Expert which will include even objection of the O.P. for his initial appointment as well.
6. NEEDLESS to add the District Forum shall consider at the stage of final hearing of the complaint the said report along with objection of the O.Ps.
With this clarification the appeal herein stands disposed of. No order as to cost. Office to furnish copies of the order to the parties. Appeal disposed of.
