As per office report, the record of the District Forum has been received.

2.                This appeal has been filed against the order dated 18.8.2015 dismissing the Consumer Complaint No.292 of 2015 in default.

3.                It be registered.

4.                Admitted. Notice of motion.

5.                On asking of the Court, Sh. Aftab Singh Khara, Advocate accepts notice on behalf of respondents No.1 and 2. On intimation of Court qua hearing of this appeal today, Sh. Vishal Sodhi, Advocate appeared on behalf of respondent No.3 – Chandigarh Housing Board and filed his Power of Attorney, which is taken on record.

6.                Counsel for the appellants states that it is his fault in not putting in appearance as he had noted down the wrong date i.e. 03.09.2015. In view of above, under bonafide belief, he could not appear. There was no ill intention in not appearing before the Court below. Affidavit of Counsel for the appellants is on record, wherein, the above averment has been affirmed and assurance has been given that in future, no such default will be committed.

7.                After hearing Counsel for the parties, we are satisfied that non-appearance was inadvertent and not with any malafide intention. It is spirit of the Consumer Protection Act, 1986, to impart justice and not to scuttle it by dismissing the consumer complaints in default. In the interest of justice, order impugned need to be quashed. 

8.                In view of the above, this appeal is allowed. Order dated 18.08.2015 is set aside. The matter is remitted to the District Forum for adjudication. Parties through their Counsel  are directed to appear before the District Forum on 18.09.2015.

9.                Certified copies of this order be sent to the parties, free of charge.