2008 INSC 1283
                                    SUPREME COURT OF INDIA

                                                Vinay Kumar

                                                      Vs.

                                      New India Assurance Co. Ltd.

                                           C.A.No.3473 of 2008

                                  (B.N. Agrawal and G.S. Singhvi JJ.)

                                                  09.05.2008

                                                   ORDER

1. Heard learned counsel for the parties. Leave granted. The District Consumer Disputes
Redressal Forum [for short, `the District Forum'] dismissed the complaint against which
order when appeal was preferred before the State Consumer Disputes Redressal Commission
[for short, 'the State Commission'], it recorded a finding that adequate opportunity was not
afforded to the complainant to file requisite documents, but after recording the said finding,
instead of remitting the matter to the District Forum, it simply allowed the appeal and
directed that the complainant may file fresh complaint, subject to the law of limitation. The
said order has been confirmed in revision by the National Consumer Disputes Redressal
Commission. Hence, this appeal by special leave. In our view, in view of the finding
recorded by the State Commission that adequate opportunity was not given to the
complainant to produce documents, after allowing the appeal, the matter should have been
remitted to the District Forum. Accordingly, the appeal is allowed, impugned orders are set
aside and the matter is remitted to the District Forum to decide the complaint afresh on
merits in accordance with law after giving opportunity of hearing to the parties.

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