- (1.) "Mr. Chatterjee's client, the appellant before us, has agreed to settle the claim arising out of the two orders passed by the District Consumer Redressal Forum and the State Consumer Redressal Forum. However, this settlement is sought to be arrived at by way of good gesture and not basing on the findings arrived at by the learned Forums. Since no evidence has been led so far as the question of damage is concerned, it was incumbent for the writ Court to examine the judgment and order and findings of both the learned two forums.
(2.) Having heard the learned Counsel for the parties and going through the complaint petition, on the basis of which both the impugned orders have been passed by the District Consumer Redressal Forum as well as the State Consumer Redressal Forum, appointed under the Consumer Protection Act, 1986, we find that prima facie case of negligence has, no doubt, been made out but from the pleadings we do not find any particulars, having been mentioned with regard to the damage, from where the quantum of damage suffered by the complaint/respondent could be ascertained.
(3.) We have gone through the records and the Judgments as well. It appears and it has also been admitted by the learned Counsel for the respondent that no evidence was led to prove the damage.;