VINEY MITTAL, J. - (1.) The suit filed by the plaintiff was dismissed by the trial Court.
(2.) It was held that the civil Court could not entertain the suit filed by the plaintiff on the ground that the plaintiff had already taken recourse to the proceedings before the Consumer Disputes Redressal Forum. The plaintiff took up the matter in appeal. The learned first Appellate Court noticed the fact that no evidence had been produced by the defendant- respondent enabling the trial Court to come to the conclusion that the suit filed by the plaintiff was not maintainable, and that he had initiated proceedings before the Consumer Disputes Redressal Forum claming substantially the same relief. Consequently, the judgment passed by the trial Court has been set aside and the matter has been remanded back to the trial Court for fresh decision.
(3.) Mr. Amit Aggarwal, the learned counsel appearing for the defendant- appellants has produced before me a copy of the order dated August 9, 2002 passed by the District Consumer Disputes Redressal Forum, Fatehabad, to contend that the plaintiff had failed before the Consumer Disputes Redressal Forum.;