This appeal is directed against the order dated 27/01/2014 passed by the District Consumer Disputes Redressal Forum, Rayagada in C.C. no. 337 of 2012 directing the appellant to pay the entire amount of Rs. 27,686/- with 10% interest from the date of filing of the Consumer Complaint till realization of the amount and Rs. 7,000/- towards compensation and litigation expenses, out of which it was further ordered that Rs.2,000/- would be deposited with the CDR Forum for welfare of the consumers.

     Heard learned counsel for the parties.

      Learned counsel for the appellant submits that the advocate engaged on behalf of the appellant before the District Forum did not file written version nor argued in the consumer complaint for which the impugned order was passed in absence of the advocate. So, the appellant should not suffer any loss for default of the counsel engaged on his behalf.

     On perusal of the LCR, it is found that learned counsel Mr. S.K. Sahoo, appeared on behalf of the appellant on 20.02.2013 by filing vakalatnama. Then the case was adjourned to different dates, but no where it was orderd to file written version on behalf of the appellant. However, on 23.10.2013, counselfor the appellant engaged before the District Forum filed time petition and time was allowed till 13.11.2013 for filing written version as last chance.But no written version was filed till that date. Thereafter, the case was adojurned to 03.12.2013 and then to 31.12.2013 and ultimately, on 20.01.2014, the District Forum heard the learned counsel for the respondent and passed the impugned order. Under such circumstances, it would meet the ends of justice if the case is remitted back to the District Forum subject to payment of cost to the respondent by the appellant.

     Therefore, the appeal is allowed and the order of the District is set aside and Consumer Compliant is remitted back to the District Forum, Rayagada for fresh disposal subject to payment of cost of Rs.500/- by the appellant to the respondent. Parties are directed to appear before the District Forum on 24.12.2014 on which date the cost shall be paid by the appellant to the respondent and the District Forum shall fix a date to give a chance to the appellant to file written version and thereafter, hear the case afresh and dispose of the case expeditiously since it is a matter of 2012.

    Records received from the District Forum, Rayagada be sent back forthwith.