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Mirza Kabirbeg Habib Beg v/s The Authorised Signatory Computer Age Management Services Pvt.Ltd. & Others

    First Appeal No. 283 of 2012 In Complaint Case No. 183 of 2011
    Decided On, 31 July 2014
    At, Maharshtra State Consumer Disputes Redressal Commission Aurangabad
    By, THE HONOURABLE MR. K.B. GAWALI
    By, PRESIDING MEMBER
   


Judgment Text
K.B. Gawali, Presiding Member:

1. This appeal is filed against the judgment and order dated 13/04/2012 passed by the Dist. Consumer Forum Parbhani in CC.No.183/2011 whereby the complaint is dismissed. The respondents herein are the original opponents.

2. The brief facts of the case are that the appellant had on 28/01/2010 invested Rs.8/- lakh in 'SBI' Magnum balanced Fund Growth Scheme as launched by the respondents. That, the appellant filed application on 31/01/2011 with respondent No. 4 to withdraw the said amount, on which the redemption value was Rs.8,30,914/-. His request was granted on 02/02/2011 when redemption value was reduced to Rs.7,86,626/- sustaining loss of Rs.17,288/-. Therefore, he alleged deficiency in service on the part of the respondents and filed complaint before the Dist. Consumer Forum seeking directions to refund Rs.17,288/- with interest @ 10 % from 02/02/2011, Rs.3000/- toward deficiency in service and Rs.2000/- as cost. However, this complaint came to be dismissed by way of impugned judgment and order.

3. Aggrieved by the said judgment and order present appeal filed in this Commission by the original complainant. Appeal was allowed to be registered and directed to be kept for hearing on 21/09/2012. However, the file was reported to be missing and was placed for hearing before this bench firstly on 11/02/2014 which further came to be finally heard on 31/07/2014.

4. Adv.Shri.S.N.Welankar for the appellant is present. Adv. Smt.Sarika Mandalik for the respondent Nos. 1,2 and 3 is present. Whereas Adv.Shri. Paithankar for the respondent No.4 is present. The counsel for both side requested to decide the matter at the admission stage finally. Heard counsel for both side finally and also perused the impugned judgment and order, daily proceeding dated 09/04/2012 and 13/04/2012 other relevant documents.

5. The Ld. Counsel Shri. Welankar for the appellant submitted that the appellant’s only grievance is that, the Dist. Consumer Forum below has not given opportunity for arguing his case. He submitted that as per the daily proceedings dated 09/04/2012, the Dist. Consumer Forum had adjourned the matter for arguments till 05/05/2012. However, as per the daily proceedings dated 13/04/2012 the complaint was finally decided without giving opportunity to the counsel for the complainant i.e. present appellant.

6. On perusal of daily proceeding dated 09/04/2012 it is clear that the Dist. Consumer Forum had adjourned the matter till 05/05/2012 for arguments. However, without waiting upto 05/05/2012 the complaint came to be finally decided on 13/04/2012 i.e. only after 4 days of the said proceeding. Adv.Paithankar and Adv.Smt.Mandalik fairly conceded that the mistake is occurred, may be inadvertently but the matter was finally decided by the Dist. Consumer Forum without giving opportunity of hearing to the appellant.

7. In view of the oral submissions made by Ld. Counsel for the appellant as well as for the respondents and considering daily proceeding dated 09/04/2012 and 13/04/2012 it is evident that the Dist. Consumer Forum without giving opportunity to the appellant i.e. original complainant for final hearing, the complaint came to be decided by way of impugned judgment and order. Hence, I am satisfied that the matter requires to be remanded back to the Dist. Consumer Forum as sought by the appellant by way of his present appeal. Hence, following order is passed.

ORDER

1. Appeal is allowed.
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/> 2. The impugned judgment and order is hereby set aside and matter is remanded back to the Dist. Consumer Forum for fresh hearing and decide the matter after giving sufficient opportunity to both side. 3. The matter be disposed of as far as possible within a period of two months. 4. Parties are directed to appear before the Dist. Consumer Forum on 05/09/2014.
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