Per: Justice B.S. Verma, President (Oral):

Sh. Yogesh Kumar, Advocate, holding brief of Sh. Ram Singh Negi, Advocate is present on behalf of the appellants.

Sh. Vijai Kumar Gupta, Advocate is present on behalf of respondent.

Heard.

This appeal is directed against the order dated 09.10.2015 passed by the District Forum, Dehradun in consumer complaint No. 277 of 2014, whereby the District Forum has allowed the consumer complaint and directed the appellants – opposite parties to pay sum of Rs. 47,103/- to the respondent – complainant towards the cost of the dining table; Rs. 3,000/- towards compensation and     Rs. 4,000/- towards litigation expenses.

According to the appellants, the consumer complaint was decided ex-parte against the appellants.  Sh. Vijai Kumar Gupta, learned counsel for respondent, has moved an application with a prayer that the case be remanded back to the District Forum for decision afresh subject to payment of costs by the appellants since the appellants are delaying the proceedings of the case.

Without entering into the merit of the case, since the respondent – complainant has no objection in setting aside the impugned ex-parte order, we hereby allow the appeal and set aside the impugned order dated 09.10.2015 passed by the District Forum, Dehradun subject to payment of costs of Rs. 1,000/- payable by the appellants to the respondent – complainant.

We direct the District Forum to decide the consumer complaint preferably within a period of three months’ from the date of filing the written statement by the appellants.  The written statement shall be filed by the appellants within a period of 30 days’ from today.  The parties are directed to appear before the District Forum on 11.01.2016.  The statutory amount of Rs. 25,000/- deposited by the appellants at the time of filing the appeal, be released in their favour.  No order as to costs.