NEW LITE DYERS & DRY CLEANERS Vs. BHARAT BHUSHAN

JUDGEMENT

(1.) This appeal is directed against the order of the District Forum, Shimla, dated 25.10.1999. By the said order, the appellant has been directed to refund the cost of the coat of the respondent, stated to have been given for dry cleaning purposes, which has been quantified at Rs. 2,900/ -. Additionally, damages of Rs. 2,000/ - and litigation cost of Rs. 1,000/ - have also been awarded by the said order.

(2.) The respondent moved the District Forum by his complaint that the coat in question, was given by him to the appellant for dry cleaning, but due to the alleged negligence etc. of the appellant, the coat appears to have beenmisplaced and as per the case of the respondent, it was never returned to him. The learned Counsel for the respondent has stated before us that the coat has not been returned to his client till date.

(3.) After hearing the learned Counsel for the parties and going through the record of this case, we find that the impugned order is not sustainable, the same having been passed contrary to all norms of legal procedure as enshrined in our Constitution as well as in glaring violation of the rules of natural justice which enjoin that no party to a cause or lis should be condemned unheard, and without being given any opportunity to meet the case set up by the opposite party, which is exactly what has happened in the present case.