Heard the arguments from the learned Counsel for both parties.

On perusal of record and after hearing the arguments, it is seen that the matter is pending before the State Consumer Disputes Redressal Commission, Haryana (for short ‘State Commission’).  By their Order dated 21.05.2018 the Appellant/Opposite Party was proceeded ex-parte for not having appeared before the State Commission despite service.

Learned Counsel for the Appellant submitted that he has not been served on his registered address.

From the record, it is seen that the Opposite Party had appeared before the District Consumer Disputes Redressal Commission, Karnal on 06.09.2017 on the address which has been now given in the Complaint filed before the State Commission.  Further, the State Commission in its Order dated 21.05.2018 has categorically stated that service has been completed as per the detailed track events on 12.04.2018 and 20.04.2018.

Learned Counsel for the Respondent/Complainant submitted that as per Section-28-A(4) of the Consumer Protection Act, 1986, this service to the Corporate Office should be deemed to be a proper service. 

It is evident that the ground of the Appellant that service has not been done, does not merit any attention and therefore to that extent, the question of service cannot be reopened at the stage of an Appeal.  We consider that the service to the Opposite Party has been done.

The question before us is whether the Complaint should be proceeded ex-parte or whether the Opposite Party be given an opportunity to argue their case at the final hearing stage.  We are of the considered opinion that in order to properly adjudicate the matter, an opportunity be provided to the Opposite Party to argue their case on the day of final hearing without giving them any right to file their Written Version or even Evidence by way of Affidavit but allowing them to file their written synopsis if the State Commission so desires and subject to a cost of Rs.20,000/- to be deposited in the legal aid A/c of the State Commission and Rs.10,000/- to the Respondent/Complainant.  The cost has been imposed on the simple ground that the Complaint is of 2018 and the matter has been dragged till this date without much merit in the argument of the Appellant/Opposite Party regarding service.

The First Appeal is partly allowed subject to the cost as stated above and the Order of the State Commission dated 21.05.2018 is set aside to the extent of Opposite Party being proceeded against ex-parte.  Considering that enough time has already passed, we request the State Commission to hear the matter early and dispose of the same expeditiously by hearing the arguments of both the parties.

Parties to appear before the State Commission on the date already fixed.

The First Appeal is accordingly disposed of.