Judgment:
JUSTICE SHRI. K.R. UDAYABHANU, PRESIDENT
The appellants are the opposite parties/manufacturer and dealer of Tata Safari vehicle and under orders to pay a sum of Rs.10,16,331/- the cost of the vehicle and Rs.25,000/- as compensation with interest at 12%.
2. The dispute is with respect to the alleged manufacturing defects of the vehicle involved.
3. The evidence adduced consisted of the testimony of PW1, CW1, RW1 and Exts.A1 to A 33, B1 series and C1.
4. It is pointed out by the counsel for the appellant that Ext.C1 Commission report is not at all a speaking one. The alleged expert has reported the matter as to the issues involved in one word each as if answering an objective type answer paper. No reasons are mentioned. Moreover, the vehicle has run 63963 kms; and the complaint has been filed after 2 years of purchase and running of the vehicle. It is also pointed out that the Forum has not considered the evidence adduced at all and in spite of the same, the Forum has directed to refund the entire purchase price of the vehicle and also Rs.25,000/- as compensation.
5. We find that the Forum has considered the evidence and entered the finding in a single paragraph without considering the documents produced, as well as the oral evidence. No purpose is served by such a Judgment. In the circumstances, the order of the Forum is set aside. The Forum is directed to dispose of the matter by a reasoned order after hearing both sides afresh and if necessary after permitting the parties to adduce further evidence.
6. The matter stands posted before the Forum below on 8.3.12.
Office will forward the LCR along with a copy of this order to the Forum below urgently.