T.M. Hassan Pillai, President — In this appeal we are called upon to decide the pivotel question as to whether the Consumer Disputes Redressal-Forum, Kannur (in OP No. 341/98 the forum below order compensation of Rs. 2000/- for deficiency in service on the part of the appellants herein to be paid to the complainant and also directed the opposite parties to pay a sum of Rs.

250/- as costs) is competent to grant reliefs not on the basis of the cases pleaded or proved by the complainant and opposite parties. One of the contentions urged before us chailenging the order passed by the forum below by the agent appearing for the appellants is that forum constituted under the Consumer Protec-tion Act is not competent to reconstruct a case (a case not pleaded or proved by the parties) and grant reliefs. The agent appearing for the appellant also vehe-mently contended before us that evidence adduced by the complainant in support of his case demolished completely the case pleaded by him in the amended complaint that non delivery of the money orders sent by him to the payee was due to the fraud committed by the appellants and there was wilful default on their part.

2. The facts of the cas