J.D.KAPOOR,J - (1.) VIDE impugned order dated 27.4.2005, the District Forum dismissed the complaint as withdrawn on the undertaking of the appellant that it will send the original certificate latest by June, 2006 by speed post. However at the same time, the District Forum awarded Rs. 500 as compensation on account of deficiency in service.
(2.) THE main grievance of the appellant is with regard to amount of compensation which was not awardable once the complaint was dismissed as withdrawn.
(3.) ADMITTEDLY on the dismissal of the complaint being withdrawn, compensation was not awardable but cost of litigation was awardable as any provider of service who forces the consumer to seek redressal from quasi -judicial body like District Forum is liable to pay the reasonable cost of litigation if matter is settled amicably during the pendency of the complaint. We partly allow the appeal by treating the amount of compensation as cost of litigation. Similarly the observations of the District Forum that the appellant was deficient in service is hereby expunged as this finding should not have been returned once the complaint was dismissed as withdrawn. FDR/Pay Order, if any, deposited by the appellant returned to the appellant forthwith under proper receipt. A copy of this order, as per the statutory requirements be forwarded to the parties, free of charge and also to the concerned District Forum and thereafter the file be consigned to the Record Room. ;