FA.No.637/2010 against CC.No.111/2010 District Consumer Forum-III, Hyderabad.

Between:

B.Lakshmi, D/o.B.Narasimhulu,

Aged about 40 years,

Occ: Household,

R/o.Pent House, Santhi Apartments,

Bhagyanagar Colony,

Kadapa.

…Appellant/Complainant.

And

1.M/s.Radha Realtors Pvt.Ltd.

   8-2-293/82/a/824,

   Road No.4, Jubilee Hills,

2.Sri N.Ravindra Reddy,

   Managing Director,

   M/s.Radha Realtors Pvt.Ltd.

   8-2-293/82/a/824,

   Road No.4, Jubilee Hills,

3.L.Nageshwar Reddy,

   S/o.L.Eswar Reddy,

   Aged about 40 years, R/o.Flat No.102,

   Green Court Apartment,

   Nizampet Road, Opp.Kolan Raghava Reddy Function Hall,

…Respondents/Opp.Parties.

Counsel for the Appellant         :  M/s.Indus Law Firm.

Counsel for the Respondents   :  Notice stage.

QUORUM: THE HON’BLE SRI JUSTICE D.APPA RAO, PRESIDENT,

AND

SMT. M.SHREESHA, HON’BLE MEMBER.

WEDNESDAY, THE NINTH DAY OF JULY,

TWO THOUSAND TEN.

Oral Order (Per Hon’ble Sri Justice D.Appa Rao, President)

*******

1.         This is an appeal preferred by the complainant against the order of dismissal of her complaint on the ground that she did not appear on the date on which the matter was posted for filing her affidavit evidence. 

2.         Aggrieved by the said order, the complainant preferred this appeal contending that she is a resident of Kadapa and therefore, could not come in time and file her affidavit evidence. 

Heard both sides.

3.         Since the District Forum has no jurisdiction to set aside the exparte order, the complainant preferred this appeal.  As the complaint was dismissed solely for non-filing of affidavit evidence, we are of the opinion that one more chance could be given to the complainant,  however, in view of latches on payment of costs of Rs.500/-.  Costs paid.

4.         In the result, the appeal is allowed and the order of the District Forum is set aside.  The District Forum is directed to restore the complaint   its original file.  The District Forum is directed to receive the affidavit evidence of the complainant and proceed with the matter after giving opportunity to both parties.  Both parties are directed to appear before the District Forum on 10.08.2010 without insisting fresh notice.

PRESIDENT

MEMBER

DtVvr.