Mr. Justice S.A. Shah, President – The appellant is original complainant who was the consumer of the Electricity Board from the opposite party. It appears that some raid was carried out and thereafter the Board has given A.B.C.D. formula, considering that the complainant had tampered with the installation and there is an alleged theft of electricity. The complainant has challenged the bill and stated that all the proceedings taken by the opposite party were unilateral, ex parte and not supported by any evidence. The complainant has further stated before us that the written statement confirmed by the Board was signed by one Manilal M. Patel, Dy. Engineer who was not present in the raid. The written statement is neither verified nor there is any affidavit in support thereof.

2. It appears that the District Forum has disposed off the matter on the first day of hearing without taking any evidence from the other side and passing his order only on the pleadings of the party. It has been pointed by us earlier also, that merely on the pleadings, the dispute cannot be decided. The pleadings are not evidence but there are respective case of the parties. District Forum therefore, should have given opportunity to the parties to produce the evidence, which may be by way of affidavit, documents or oral deposition but a case cannot be decided merely relying upon the pleadings of the party.

3. It may also be noted that pleadings should be either varified or affirmed by the party.

4. We are of the opinion that when serious allegation of theft is made, the same should be supported by a reliable and cogent evidence.

5. In order to give opportunity to both the parties, we are of the opinion that the case should be remanded.

ORDER

Appeal is allowed. The judgment and order of the District Forum is set aside. The appeal is remanded to the District Forum to decide in accordance with law after giving an opportunity to both the parties to amend their pleading and produce evidence in support of their amendments.

Appeal allowed.