KANDULA VENKATESWARA RAO Vs P.Govinda Rao

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION 30 Jul 2003 2003 4 CPJ 338
Result Published

Judgement Snapshot

Hon'ble Bench

P.Ramakrishnam Raju , Mamata Lakshmanna J.

Final Decision

Appeal disposed of

Judgement Text

Translate:

1. THE District Forum rejected the complaint even before issuance of notice to the opposite parties on the ground that the material filed along with

the complaint is not sufficient to take the complaint on file. This order is erroneous. THE question of adducing evidence will arose after notice is

served on the respondents and after they filed their written version. In case the opposite parties admit the claim of the complainants, the

complainants need not adduce any further evidence. THErefore, insisting that all the evidence should be filed along with the complaint is

unwarranted. This order in our view cannot stand. It is accordingly set aside even before notice as the order was passed without notice to other

side. Further the order is not signed by other two Members. Hence the order is not valid in the eye of law. On this count also the order has to be

set aside. Accordingly the order is set aside and the matter is remitted back to the District Forum for fresh disposal and it will dispose of the same

in accordance with law. Appeal disposed of.

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