Present: Sh. Dheeraj Kumar, AR of the Appellant
Sh. L.K. Passi, Counsel for the Respondent.
In this appeal, challenge has been made to order dated 5.8.2014 by which the appellants herein i.e. OP-2 & 3 before the District Forum have been proceeded ex-parte and reasoning given for non appearance before the District Forum on the said date. It is stated that the written statement of the appellant is already on record. It is stated that a great prejudice shall be caused to appellant/OP No. 2 & 3 if the impugned order is not set aside.
Counsel for the respondent/complainant initially opposed the present appeal. However, after some arguments he has stated that he has no objection if the impugned order is set aside subject to costs.
In view of the reasoning given for non appearance as well as no objection having been given by the Counsel respondent/complainant, the impugned order dated 5.8.2014 is set aside and appellant/OP- 2 & 3 is allowed to contest the complaint subject to costs of Rs.2,000/-.
The next date before the District Forum is stated to be 26.5.2015. On the said date, the appellant/OP shall appear before the District Forum and shall pay the costs of Rs.2,000/- to the respondent/complainant. Thereafter, the District Forum shall proceed further in the matter in accordance with the law.
The appeal stands dismissed.
FDR, if any, be release in favour of appellant as per rule.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum.
File be consigned to Record Room.