(Delivered on 08/09/2016 )

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

1.     Advocate  Mr. Deopujari is present for the revision petitioner. None is  presnt for the respondent.  Respondent had  appeared through Advocate Mr. S.G. Zinzarde in this petition before this Commission on 25/07/2016  who had also filed his power. Today  said Advocate of the respondent is not present.  On last two dates also none had appeared for the respondent for hearing.  The petitioner is the original opposite party (for short O.P.) No.1 before the Forum in consumer complaint No. 166/2015. The Forum proceeded exparte against the O.P. No. 1/petitioner as per impugned order dated 06/04/2016 as the O.P. No. 1 failed to appear before the Forum. Therefore, this revision is filed against  the said  order.

2.         The learned advocate of the petitioner submitted that the notice served by the Forum  to the petitioner shows the returnable date of notice and also  for appearance  before the Forum by the  O.P. No. 1 on 05/02/2016. He has brought to our notice the copies of order sheet of the Forum in support of  his submission that  there was as  such no  date fixed as 05/02/2016 by the Forum for appearance of the petitioner.  He further submitted that the petitioner after receiving notice of the Forum,  had  contacted with  its office  at Nagpur  and asked the official of the Nagpur office  to make  inquiry  in the matter. But the official of the Nagpur office failed  to do so because  they were busy in shifting of  the office to other  address due to some unavoidable circumstances and after shifting  was completed the official    searched  the lawyer and after they contacted the lawyer it was found  that the  experte order was already passed on  06/04/2016 and therefore this revision petition was  filed  immediately  thereafter.  He submitted that the O.P. No. 1 is the Branch Office of the O.P. No. 2. But the O.P. No. 2 is not yet  served  with  the notice and therefore in the  interest of justice  the O. P. No. 1 may be given  opportunity  to file  written version  before the Forum.  The copies of the  notice and order sheets of the complaint filed before us  show that  in   notice  date for appearance  of  O.P. No. 1/petitienr  was fixed by the Forum as 05/02/2016. Actually the date was   fixed by the Forum as 25/02/2016 for appearance of O.P. No. 1 and thereafter next date was fixed as 06/04/2016. We find that inadvertently the Forum in its notice informed the next date to the petitioner as 05/02/2016 instead  of 25/02/2016. In our view as the O.P. No. 1 is the branch office of the O.P. No. 2 and O.P. No. 2 is not yet served it is just   & desirable  to allow  to the O.P. No. 1/petitioner to file its written version  before the Forum. Hence,  cost of Rs. 5000/-  can be saddled on the O.P. No. 1/petitioner for setting aside the order. Accordingly, the following order is passed.

ORDER

1. The revision petition is allowed.

2. The impugned order dated 06/04/2016 is set aside  subject to payment of cost of Rs. 5000/- by the O.P.No.1 /revision petitioner to the complainant /respondent herein.

3. Cost be paid on or before 29/09/2016. If  the said cost is not paid or deposited  with the Forum on or before 29/09/2016, the petition shall be treated as dismissed.  Cost can be directly  paid to the advocate of the respondent on behalf of  the respondent  on or before 29/09/2016.

4. Before hearing  of the proceeding  the Forum shall verify as to whether  the cost is paid or  deposited  as above by the  O.P. No. 1/ revision petitioner. If the said cost is paid or deposited with the Forum within given time as above the Forum  shall accept  the reply/written version of the O.P. No. 1.

5. The O.P.No. 1/revision petitioner  shall file its reply/written version before the Forum on or before 29/09/2016, after making  aforesaid compliance.

6. Copy of order  be  furnished  to both the parties, free of cost and its one copy be forwarded  to the District Consumer Forum, Nagpur for information.