Mrs. Saroj Rajwade, Member - The Appeal No. 719/96 and Cross Appeal No. 269/97 are both directed against order dated 14-8-1996 in Complaint Case No. 27/96 passed by District Consumer Disputes Redressal Forum, Seoni(hereafter referred to as District Forum).

This order will dispute of both these appeals as they relate to order dated 14-8-1996.

2. In Appeal No. 719/96, appellant has averred that District Forum has passed the order without hearing or giving opportunity to the opposite party.

He further averred that in his case he has not been given adequate compensation as prayed by him and therefore, the case has not been properly adjudicated.

3. In Cross Appeal, 269/97, the appellant M.P.E.B. who was opposite party in Original Complaint No. 27/96 before District Forum, Seoni, has averred that they did not get a copy of the order dated 14-8-- 1996 from District Forum. They came to know about it only after they received notice from M.P. State Consumer Disputes Redressal Commission on appeal no. 719/96. Appellant further averred that when they approached the District Forum for obtaining copy, they were told that copy could not be given as the record was sent to M.P. State Consumer Disputes Redressal Commission. Appellant further averred that M.P.E.B. has not been given opportunity to be heard, thus violating law of natural justice. Appellant prayed that case be remanded to District Forum for disposal on merit, after giving opportunity to both the parties.

4. We have heard both the parties and have perused the record. We are convinced that District Forum have disposed of the case without giving opportunity to both the parties. There has been miscarriage of justice and law of natural justice has been violated. Hon'ble National Commission in several judgments have frowned upon such a procedure. Order dated 14-8-1996 is therefore not legally sustainable and has therefore to be set-aside.

5. We do not propose to enter into discussion about merits of the case, and set-aside order dated 14-8-1996 of District Forum, Seoni and remand the case for expeditious disposal in three months after giving proper opportunity to both parties to put up necessary evidence before it. Both the parties are directed to appear before the District Forum. Seoni on 24-11-1997 to obtain the date on which this case will be heard after this remand.

Case remanded for expeditious disposal.