Hon'ble Shri Ajeya Matilal, Presiding Member

Learned Advocates for both sides are present.

The complainant/appellant preferred this appeal bearing no. A/1107/2017 against the judgement dated 25.07.2017 dismissing the complaint case No. CC/517/2015 ex parte

It is submitted by the Learned Advocate for the respondent No. 1 that the appellant did not make any prayer for remanding back the matter, on the contrary the Learned Advocate for the appellant/complainant submits that the matter should be remanded back to the Forum below.

It appears that CC/517/2015 has been disposed of ex parte.

The  respondent No. 1/OP did not appear before the Forum below.  He did  not file any written version as cross examine the complainant and he did not file any evidence on affidavit.

So, I am of  the view that considering the facts and circumstances of this case, the matter should be  remanded back to the Forum below for adjudication of the case afresh.

Hence, it is

O R D E R E D

Appeal bearing  No.  A/1107/2017 is allowed on contest and impugned order is set aside.

The parties are directed to appear on 03.05.2024 before the Forum below.

Liberty is given to the respondent/OP No. 1 to file written version, put questionnaire against the evidence on affidavit filed by the complainant. Consequently, liberty is given to Respondent No. 1 to file evidence on affidavit.

Learned Forum below is requested to dispose of the matter within six months from the date of appearance of the parties after giving the parties an opportunity of being heard.

There shall be no order as to the costs.

Let a copy of this order be sent to the Learned Forum below. Joint Registrar of this Commission is to do the needful in this regard.