At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
By, THE HONOURABLE MR. T.S.P. MOOSATH
By, JUDICIAL MEMBER & THE HONOURABLE MR. R. RANJIT
For the Appellant: In person. For the Respondents: R2, R.V. Abhishek, Advocate.
T.S.P. Moosath, Judicial MemberThe complainant in C.C. No. 265/2017 of the Consumer Disputes Redressal Forum, Ernakulam, in short the District Forum, has filed this appeal against the order passed by the District Forum by which the complaint filed by him was dismissed.2. The complainant has filed the complaint against the opposite parties claiming refund of the amount of Rs. 29,898/- with interest, Rs. 50,000/- as compensation and Rs. 10,000/- as costs of litigation.3. On 06.10.2017 the complainant was absent before the District Forum and there was no representation for the complainant. No steps were taken against the 1st opposite party. Hence the District Forum dismissed the complaint and aggrieved by that order the complainant has filed the present appeal.4. It is stated by the appellant that since he was in Delhi for his studies he could not appear before the District Forum and the complaint happened to be dismissed. It is stated by the appellant that there was no wilful default or negligence on his part.5. Heard the appellant who appeared in person and the counsel for the 2nd respondent.6. Even though we are not fully satisfied with the reason stated by the appellant for not appearing before the District Forum and not taking steps to issue notice to the 1st respondent, we consider that for the interests of justice an opportunity has to be given to the appellant/complainant to take steps to issue notice to the respondents and to adduce evidence in support of his claim, to have a decision of the complaint on merits. For that purpose, the order passed by the District Forum is to be set aside and the matter is to be remanded to the District Forum for fresh disposal.7. From the records it is seen that before the District Forum the 2nd opposite party did not appear even after service of notice and the notice to the 1st opposite party was not served. In the appeal, the 2nd respondent appeared and even after repeated notice the presence of the 1st respondent could not be obtained. Since the matter is to be remanded to the District Forum for considering the complaint on merits, to avoid delay, further notice to the 1st respondent was dispensed with and the District Forum has to issue fresh notice to the parties and proceed with the complaint only after being satisfied that service of notice is effected on both the opposite parties.In the result, the appeal is allowed. The order passed by the District Forum is set aside and the matter is remanded to the District Forum for fresh
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disposal. On receipt of the records, the District Forum shall take back the complaint into file, issue notice to the opposite parties and proceed with the complaint. The District Forum shall make every endeavour to dispose of the complaint as expeditiously as possible. No costs.