(Delivered on 29/08/2016 )

PER SHRI B.A. SHAIKH, HON’BLE PRESIDING MEMBER.

1.         None is present  for the revision  petitioner. Advocate Ms. Vaishali  Rajkarne holding for Advocate  Mr. Awachat is present for the respondent.  Since the revision petition  involves  a very short question,  we proceeded  to decide it  on merit in the absence of petitioner’s advocate.  The revision petition  is directed against the order dated 16/04/2016 passed by the District Consumer Forum, by which  the Forum proceeded exparte  against the revision petitioner / original opposite party (for short O.P.). It is not  disputed  that the exparte order was passed against  petitioner  on a  very first date of returnable  date of notice  issued by the Forum to the O.P. The ground  for setting  aside  the impugned order  mentioned in the revision petition  is that, when  advocate of the  O.P./petitioner  was present before the Forum in first working  hour, the matter was  not called,  but  when  in the second  seating  the advocate was about  to attend  before the Forum, the impugned order was passed  to proceed exparte against the O.P.  Therefore, the O.P. requested that in the interest of justice,  the impugned order may be said aside.

2.         The Proxy Advocate of the respondent /original complainant  submitted that  exparte order  may not be set aside  since the complainant suffered  loss due to negligent conduct  of the O.P. on account of   deficiency  in service alleged  in the complaint.  She therefore requested that the revision petition  may be dismissed.

3.         We find that  impugned order was passed on 16/04/2016. This revision petition  was filed  immediately on 02/05/2016 and this Commission granted stay to the proceeding of the complaint on 06/05/2016 till this date. We find that in the interest of justice the impugned order needs to be  set aside  subject to payment  of  cost of Rs. 5000/-  by the revision petitioner / original O.P. to respondent /original complainant. Hence, the order.

ORDER

i.          Revision petition is allowed subject to cost as under.

ii.          The impugned order dated 16/04/2016 is set aside subject to payment of cost of Rs. 5000/- by the O.P./revision petitioner  to the complainant /respondent herein.

iii.         The  aforesaid cost be paid  by the O.P. to the complainant  within one month from today.

iv.        The Forum shall give opportunity  to the O.P. to file written version  on verifying record  about payment  of said cost  by the O.P. to the complainant  within one month from  today or on deposit  of the said cost  with  the Forum  within one month from today. If the said cost is not  paid or deposited  with the Forum within  one  month from today, the petition  shall be treated as dismissed.

v.         Copy of order be furnished  to both the parties , free of cost. One copy of order be also forwarded to the District Consumer Forum, Nagpur  for information.