Misc. Case No. 956 of 2018

        Learned counsel for the appellant hands over Bank Draft of Rs.50,000/- towards cost for condonation of delay and respondent No.1/complainant acknowledged receipt thereof.

      In such circumstances, the delay is condoned and the Misc. Case is allowed.

                                                                                  FIRST APPEAL  NO. 408  OF 2018

Heard the learned counsel for the appellant and  respondent No.1/complainant in person on admission.

On consent of learned counsel for the appellant and respondent No.1/complainant this appeal is taken up for hearing and disposal at the stage of admission.

This appeal is directed against ex parte order dated 8.2.2018 passed by the learned District Forum, Cuttack in CC No. 97 of 2017.

Learned counsel for the appellant submits that the person who was looking after the case before the District Forum misguided the appellant regarding the progress of the case as a result of which written version could not be filed and the appellant was set ex parte. In such circumstances appellant may be permitted to contest the complaint on payment of reasonable cost to the respondent.

The complainant objects to the submission made by the learned counsel for the appellant.

The complaint out of which this appeal arises is of the year 2017 only. Admittedly, the appellant has not availed the opportunity of contesting the complaint and the respondent has not contributed to the situation which led the District Forum to set the appellant ex parte. However, we are of the considered view that the appellant should get an opportunity to contest the complaint on merit in order to ensure adherence to the principles of natural justice.

Accordingly, the appeal is allowed, the impugned order is set aside and C.C. No. 97 of 2017 is remitted back to the District Forum, Cuttack subject to payment of cost of Rs.25,000/- by the appellant to respondent No.1/complainant.

Parties are directed to appear before the learned District Forum, Cuttack on 27.3.2019 when the appellant shall pay cost of Rs.25,000/- to  respondent No.1/complainant and file written version along with certified copy of this order upon which the learned District Forum shall proceed to dispose of the complaint on merit within 45 days after giving opportunity of being heard to the parties.