TATA TEA LIMITED Vs. RAM BARNWAL, ADVOCATE, BASTI BAR ASSOCIATION

JUDGEMENT

(1.) THESE are two appeals, one by Tata Tea Limited and the other by Bajrang Lal Bishwanath Prasad. Both are aggrieved by initial order of the District Consumer Forum, Basti dated 27.9.2002. By the impugned order the complaint filed by Mr. Ram Barnwal has been allowed. The only additional fact in the appeal filed by Tata Tea Limited is that it applied for rehearing of the matter and setting aside of the impugned order dated 27.9.2002 on the ground that it was never served with the original notice and could not appear and defend itself. The District Forum held that the matter was decided on merits and therefore restoration application is not maintainable and rejected the same.

(2.) LEARNED Counsel for the appellants have been heard in both the appeals.

(3.) MR . Ram Barnwal is present today also as he was on the last date. Record of the District Forum was summoned in a sealed cover. In the presence of the learned Counsel of the parties, sealed cover was opened and the record of the District Forum including material exhibit i.e. tea packet were seen and examined after which tea packed was resealed and entire record has been resealed.