KANDULA VENKATESWARA RAO Vs. GOVINDA RAO
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
KANDULA VENKATESWARA RAO
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P.RAMAKRISHNAM RAJU,PRESIDENT -
(1.) THE District Forum
rejected the complaint even before issuance of notice to the opposite
parties on the ground that the material filed along with the complaint is
not sufficient to take the complaint on file. This order is erroneous.
The question of adducing evidence will arose after notice is served on
the respondents and after they filed their written version. In case the
opposite parties admit the claim of the complainants, the complainants
need not adduce any further evidence. Therefore, insisting that all the
evidence should be filed along with the complaint is unwarranted. This
order in our view cannot stand. It is accordingly set aside even before
notice as the order was passed without notice to other side. Further the
order is not signed by other two Members. Hence the order is not valid in
the eye of law. On this count also the order has to be set aside.
Accordingly the order is set aside and the matter is remitted back to the
District Forum for fresh disposal and it will dispose of the same in
accordance with law.
Appeal disposed of.;
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