Order

Leave granted.

2. The short point on which notice was issued in this case on 22nd January, 1999 was whether the consumer court should have followed the procedure under Section 13 of the Consumer Protection Act, 1986.

3. We have heard Mr. Ashok H. Desai, learned Senior counsel appearing for the appellant. The respondent, though served, is not present.

4. Section 13(1)(c) of the Consumer Protection Act, 1986 provides as under :

"13. Procedure on receipt of complaint.-(1) The District Forum shall, on receipt of a complaint, if it relates to any goods--

(a) (b) ........

(c) where the complaint alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, the District Forum shall obtain a sample of goods from the complainant, seal it and authenticate it in the manner prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the District Foru