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PUNJAB STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, CHANDIGARH
Hon’ble Mr. Justice S.S. Dewan, President;
Mr. Ram Lal Gupta, Member
BANARSI DASS—Appellant
versus
MUNICIPAL COMMITTEE—Respondent
F.A. No. 61 of 1994—Decided on 29.6.1994
Headnote:Consumer Protection Ad, 1986 - Sections 2 & 14 - Cryptic & sketchy order by Dist. Forum - Liable to be set aside - Complaint about non-proper functioning of municipal drainage Order dismissing complaint only on a ground that factual position is being denied, is non speaking and unsustainable. (Para 2)
IMPORTANT POINT
Sketchy & cryptic order of Forum can not be ustained.
Mr. Justice S.S. Dewan, President—This appeal under Section 15 of the Consumer Protection Act, 1986 (for short ‘the Act’) filed by the complainant must succeed on the short ground that the order dated May 13,1994 passed by the District Form, Bathinda in the complaint is so sketchy and cryptic mat it must necessaryily be set aside. It is, therefore, unnecessary to recount the facts of the case.
2. The cryptic character of the order is manifest from noticing the same in extenso:-
“We have gone through the allegations made in the complaint wherein in nut shell it is alleged that there is no proper functioning of the Municipal Drainage as there is no proper flow of water, which has been denied by filing the reply. The factual position having denied, no effective relief can be granted. Accordingly, the complaint is dismissed.”
3. Sh. Banarsi Dass has rightly assailed the said non-speakung order as wholly unsustainable. His grievance is that no findings have been given on the points raised by him in the complaint. Equally, it is assailed on the ground that the same is devoid of any reasoning and more in the shape of a dictum rather than a meaningful adjudication. Sh. Hardev Singh has nothing to repel the contentions of Sh. Banarsi Dass. There is merit in the submissions of the appellant. The pleadings of the parties are reasonably elaborate. Curiously these all seem to have not been remotely adverted. It is true that the consumer jurisdiction is expeditious and summary in nature but this cannot be carried to the length of slip shod and arbitrarily unreasonable orders on the rights of the parties. The National Commission has seriously frowned at hasty decisions without giving proper weight to the pleadings and the evidence of the parties. In this state of affairs, we find no option but to set aside the order of the District Forum and to remand the matter for a fresh trial in accordance with the provisions of the Act.
This appeal is consequently allowed in the terms aforesaid without any order as to costs.
Appeal allowed.
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