ORDER P.S. Rana (R) President - Present appeal is filed under section 15 of Consumer Protection Act 1986 against order dated 15.11.2016 passed by Learned District Forum in consumer complaint No.212/2011 title Shyam Lal Sharma vs. National Insurance Company Limited. Brief facts of Consumer Complaint: 2. Complainant Shri Shyam Lal Sharma filed consumer complaint under section 12 of Consumer Protection Act 1986 against opposite party pleaded therein that complainant insured his vehicle No. HP-52A-2818 with opposite party on dated 31.01.2010 vide insurance policy No. 70967793 in consideration amount of Rs. 181775/- (One lac eighty one thousand seven hundred seventy five). It is pleaded that vehicle met with accident on dated 15.07.2010 at about 4:00 PM near Chola Nala. It is further pleaded that claim was filed with the opposite party. It is further pleaded that opposite party did not settle the claim and committed deficiency in service. Complainant sought relief of payment of Rs. 181775/-(One lac eighty one thousand seven hundred seventy five). In addition complainant sought compensation to the tune of Rs. 50000/- (Fifty thousand). In addition complainant sought litigation costs to the tune of Rs. 15000/- (Fifteen thousand). Prayer for acceptance of consumer complaint sought. 3. Per contra version filed on behalf of opposite party pleaded therein that complaint is not maintainable. It is further pleaded that opposite party did not repudiate the claim nor closed the claim and consumer complaint is prematured. It is pleaded that complex questions of law and facts are involved and same could not be resolved in a summary manner and complainant be relegated to civil court for disposal of consumer complaint. It is further pleaded that opposite party did not commit any deficiency in service. Prayer for dismissal of consumer complaint sought. 4. Learned District Forum allowed the complaint and ordered opposite party to pay a sum of Rs. 63707/- (Sixty three thousand seven hundred seven) alongwith interest @ 9% per annum from the date of filing of complaint till payment. In addition learned District Forum also ordered opposite party to pay a sum of Rs. 10000/- (Ten thousand) to the complainant on account of harassment and mental agony. In addition learned District Forum also ordered opposite party to pay a sum of Rs. 5000/- (Five thousand) as litigation costs to the complainant. 5. Feeling aggrieved against order passed by Learned District Forum complainant filed present appeal before State Commission. 6. 10000/- (Ten thousand) to the complainant on account of harassment and mental agony. In addition learned District Forum also ordered opposite party to pay a sum of Rs. 5000/- (Five thousand) as litigation costs to the complainant. 5. Feeling aggrieved against order passed by Learned District Forum complainant filed present appeal before State Commission. 6. We have heard learned advocates appearing on behalf of parties and we have also perused entire record carefully. 7. Following points arise for determination in present appeal. 1. Whether affidavit filed in support of complaint i.e. pleadings and version filed by opposite party could be treated as evidence of parties under section 13(4) of Consumer Protection Act 1986 for adjudication of controversial facts inter se parties? 2. Final order. Findings upon point No.1 with reasons: 8. Learned District Forum after perusal of contents of complaint and after perusal of version filed by opposite party ordered parties to adduce evidence qua controversial facts. Thereafter learned District Forum listed consumer complaint for evidence of complainant on dated 18.09.2012, 10.12.2012 and 27.02.2013. On dated 27.02.2013 learned advocate appeared on behalf of complainant has given statement that affidavit filed in support of complaint by complainant be treated as evidence of complainant. The statement of learned advocate appeared on behalf complainant dated 27.02.2013 is quoted in toto:- Statement of Ms. Sneh Negi Advocate for the complainant. Without oath 27.02.2013 Affidavit of Shri Shyam Lal Sharma and documents Annexure C-1 to Annexure C-8 already filed with complaint be read in evidence and close the evidence. Sd/- Sd/- Sd/- Sd/- RO&AC President Member Member 9. Similarly thereafter learned District Forum listed the consumer complaint for evidence of opposite party on dated 13.05.2013, 31.07.2013, 24.09.2013, 27.11.2013, 10.01.2014 and 28.03.2014. On dated 28.03.2014 learned advocate appeared on behalf of opposite party has given statement that version filed by opposite party be read as evidence of opposite party relating to controversial facts. Statement of learned advocate appeared on behalf of opposite party dated 28.03.2014 is quoted in toto:- Statement of Sh. J.S. Bagga, Advocate for opposite party. Without oath 28.03.2014 Stated that reply and documents filed alongwith it be read as evidence and I close my evidence in affirmative. Sd/- Sd/- Sd/- RO&AC President Member 10. Statement of learned advocate appeared on behalf of opposite party dated 28.03.2014 is quoted in toto:- Statement of Sh. J.S. Bagga, Advocate for opposite party. Without oath 28.03.2014 Stated that reply and documents filed alongwith it be read as evidence and I close my evidence in affirmative. Sd/- Sd/- Sd/- RO&AC President Member 10. State Commission is of the opinion that affidavit filed in support of complaint i.e. Pleadings could not be treated as evidence under section 13(4) of Consumer Protection Act 1986 qua controversial facts because as per section 2(c) of Consumer Protection Act 1986 complaint means allegations in writing made by complainant. It is held that complaint and version are simply pleadings of parties. It is held that pleadings and evidence relating to controversial facts are entirely two different concepts under Consumer Protection Act 1986. 11. It is held that in consumer dispute the evidence qua controversial facts can be adduced as per modes mentioned in section 13(4) of Consumer Protection Act 1986. section 13(4) of Consumer Protection Act 1986 is quoted in toto :- (4) For the purposes of this section the District Forum shall have the same powers as are vested in a civil court under Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:- (i) Summoning and enforcing the attendance of any defendant or witness and examining the witness on oath. (ii) Discovery and production of any document or other material object producible as evidence. (iii) Reception of evidence on affidavits. (iv) Requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source. (v) Issuing of any commission for the examination of any witness. (vi) Any other matter which may be prescribed. 12. State Commission is of the opinion that learned District Forum has committed material procedural irregularity by way of treating affidavit filed in support of complaint and version filed by opposite party as evidence of parties relating to controversial facts under section 13(4) of Consumer Protection Act 1986. It is held that it is not expedient in the ends of justice to dispose of appeal on merits unless material procedural irregularity is not rectified. It is held that it is not expedient in the ends of justice to dispose of appeal on merits unless material procedural irregularity is not rectified. It is held that rectification of material procedural irregularity is essential in the ends of justice and on the principle of natural justice and to dispose of appeal properly and effectively. It is well settled law that proceedings under Consumer Protection Act 1986 are quasi judicial proceedings. It is well settled law that pleadings are no substitute for proof of controversial facts. See Latest HLJ 2017 H.P 1011 Oriental Insurance Company Ltd. vs. Champa Devi & others. 13. Submission of learned advocate appearing on behalf of opposite party that appeal filed by complainant be dismissed is decided accordingly. State Commission is of the opinion that learned District Forum has committed material procedural irregularity by way of treating pleadings of the parties as evidence of parties under section 13(4) of Consumer Protection Act 1986 qua controversial facts. It is held that it is not expedient in the ends of justice and on the principle of natural justice to dispose of present appeal on merits unless material procedural irregularity is not rectified. In view of above stated facts point No.1 is answered accordingly. Shyam Lal Sharma vs. National Insurance Company Limited. Point No.2: Final Order 14. In view of findings upon point No.1 above appeal is allowed. Order of learned District Forum dated 15.11.2016 announced in consumer complaint No.212/2011 title Shyam Lal Sharma vs. National Insurance Company Limited is set aside and complaint is remanded back to learned District Forum for disposal afresh strictly in accordance with law and strictly in accordance with proved facts. It is ordered that learned District Forum shall obtain evidence of parties by way of affidavits strictly as per modes mentioned under section 13(4) of Consumer Protection Act 1986 relating to controversial facts and thereafter learned District Forum shall dispose of consumer complaint as per law and proved facts. Observations will not effect merits of present consumer complaint in any manner. Statement of learned advocates dated 27.02.2013 & 28.03.2014 shall form part and parcel of order. Parties are directed to appear before learned District Forum Shimla on date 09.05.2018. Learned District Forum shall dispose of consumer complaint within two months after receipt of file because proceedings under Consumer Protection Act 1986 are time bound proceedings. Statement of learned advocates dated 27.02.2013 & 28.03.2014 shall form part and parcel of order. Parties are directed to appear before learned District Forum Shimla on date 09.05.2018. Learned District Forum shall dispose of consumer complaint within two months after receipt of file because proceedings under Consumer Protection Act 1986 are time bound proceedings. File of learned District Forum along-with certified copy of order be sent back forthwith and file of State Commission be consigned to record room after due completion forthwith. Certified copy of order be transmitted to parties forthwith free of costs strictly as per rules. Appeal is disposed of. 15. Pending application(s) if any also disposed of.