Order No. 3                 Dt. 20/09/2022

Ld. Advocate for the complainant is present and Ld. Advocate for the opposite party nos. 2/petitioner is present.

The Application dated 13.07.2022 on the prayer of condonation of delay in filing Misc. Application is taken up for hearing. Copy served.

No written objection filed by the complainant. Heard both sides.

The prayer for condonation of delay in filing MA Application is considered and allowed subject to payment of cost of Rs.750/- only.

Ld. Advocate for the complainant files money receipt to that effect. Let it be kept with the record.

The Misc. Application is taken up for hearing.

Perused. Considered. Heard both sides.

Ld. Advocate for opposite party nos. 2 submits that order no.3 dated 27.05.2022 suffers from inherent errors.  The summon upon opposite party nos. 2 was served on 17.05.2022 and next date was fixed for appearance of opposite party nos. 2 was on 27.05.2022 which is in contravention to the provision of Sec 38(2) (a) of the Consumer Protection Act, 2019.  It is further stated that due to some unavoidable reason the opposite party nos. 2 could not appear on 27.05.2022 and the case was fixed ex parte as against opposite party no. 2 on the same date.

Perused and considered the record of CC/113/2022 and find that order no.3 dated 27.05.2022 was in advertently passed by this Commission in contravention to the provision of Sec 38(2) (a) of the Consumer Protection Act, 2019. 

Therefore, order no. 3 dated 27.05.2022 is revised to the effect that the case be heard on contest as against the opposite party nos. 2 only.

Thus, the order no.3 dated 27.05.2022 ‘the case is proceeds ex parte against the opposite party nos. 2’ stands revised as stated above.

In the light of the observation made above, the Misc. Application is allowed and disposed of.