1 S.B. CIVIL WRIT PETITION NO.4862/2007 (Asha Hospital & Stone Centre & Anr.Vs. The District Consumer Forum & Anr.) Date of order :: 21.02.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Manoj Bhandari, for the petitioners. Mr.R.L. Saraswat, for the respondents. By way of filing the present writ petition, the petitioners are challenging the order dated 02.08.2007 passed by the learned District Consumer Forum, Jodhpur, whereby the application filed by the petitioners for filing counter affidavit against the documents filed by the respondents was rejected on the same day without assigning any reason. Learned counsel for the petitioners vehemently argued that at least on the basis of principles of natural justice, an opportunity may be granted to file counter affidavit against the documents filed by the respondents. Learned counsel for the 2 petitioners further argued that he will file counter affidavit on the next date of hearing and thereafter on the subsequent date he will argue the case. On the other hand, learned counsel for the respondents argued that this writ petition is not maintainable in view of the fact that there is a remedy provided under the Consumer Protection Act, 1986 to the petitioners. Having heard learned counsel for the parties, I am of the view that there is a statutory remedy provided under Consumer Protection Act, 1986 to the petitioners. But upon perusal of the order-sheets and after considering the fact, it appears that the order impugned is totally unreasoned order and was passed without providing any opportunity of hearing to the petitioners. Therefore, in the interest of justice, I deem it 3 just and proper to quash the order dated 27.08.2007 passed by the learned District Consumer Forum, Jodhpur, while granting opportunity to the petitioners to file counter affidavit against the documents filed by the respondents on the next date of hearing and thereafter may argue the case on subsequent date. Upon filing the counter affidavit, the Consumer Protection Form may decide the matter in accordance with law. With the above observation/direction, the present writ petition is disposed of. However, it is made clear that it should not be set as precedent in another case. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/-