' ATIR MAHMOOD, J. --- Learned counsel for the appellant submits that the impugned order dated 11.10.2010 is patently illegal and without recording the evidence in accordance with law, the Court below was not justified to hold that the appellant is guilty for the offence which comes within the purview of Consumer Protection Act.
2. Record reflects that there are certain documents on the record in the shape of prescription as well as the receipt for the purchase of some medicines but neither the doctor who issued the prescription nor the shopkeeper who issued the receipt against the purchase of medicines have been produced rather the complainant also did not appear before the Court to prove the contents of his complaint.
3. When confronted with this legal aspect, learned counsel for the respondent has not opposed the remand of this appeal to the Trial Court for its decision afresh.
4. In view of the fair stance taken by the learned counsel for the respondent, this appeal is allowed.
The impugned order dated 11.10.2010 is set aside and the case is remanded to the learned Consumer Court to decide it C. L. R. Afresh after giving an opportunity to produce the evidence to both the parties and then to decide the case expeditiously, in accordance with law. The parties and directed to appear before the Consumer Court on 04.12.2013. The bank guarantee which was furnished in view of the order dated 14.10.2010 passed by this Court is discharged.