Per Shri B.A.Shaikh, Hon’ble Presiding Member.

1.  Advocate Mr.S.S.Shingane is present for revision petitioner. The respondent Mrs.Neelam Tikkha in person is present. We have finally heard petitioners’ advocate and respondent in person and perused the record of the petition. The learned advocate of the petitioner submitted that though notice of the consumer complaint issued by the District Consumer Forum Nagpur was served to petitioner/original opposite party No.1, but its advocate could not attend the District Consumer Forum because of wrong mentioning of date of appearance. He also submitted that on next date advocate of petitioner had appeared before the Forum but the Forum did not accept his power as complaint was already proceeded ex-parte. He further submitted that the reply of the opposite party No.1/petitioner is also ready and it can be filed before the Forum if the ex-parte order dated 28/06/2018 is set aside.

2.      The respondent opposed the revision petition and submitted that there is no good ground to set aside the ex-parte order passed against the petitioner and hence she requested that the revision petition may be dismissed.

3.      We find that advocate of the petitioner could not appear before the Forum below on the first date of hearing after service of notice and therefore the Forum proceeded ex-parte against the original opposite party No.1/petitioner, by passing impugned order on 28/06/2018.

4.      We find that one opportunity needs to be granted to the petitioner to file reply to the original complaint and as such to contest the same. However reasonable cost of Rs.2,000/- needs to be  saddled on the petitioner for setting aside the ex-parte order. Hence order.

//  ORDER //

1. Revision petition is allowed as under.
2. The impugned order dated 28/06/2018 passed against the original opposite party No.1/petitioner herein is set aside and the opposite party No.1/petitioner is permitted to file its reply to the consumer complaint before District Consumer Forum, Nagpur, subject to payment of cost of Rs.2,000/- by it to the original complainant/respondent herein.
3. The petitioner advocate now paid Rs.2,000/- in cash to the respondent as aforesaid cost. The petitioner acknowledged the same by putting endorsement on revision petition today.
4. Therefore the petitioner is permitted to file reply before the District Consumer Forum, Nagpur on 05/12/2018. The petitioner shall file the same without fail on the said given date before the said Forum. The Forum shall accept the said reply on record on 05/12/2018 and then shall proceed with the complaint in accordance with law.
5. Copy of the order be furnished to both parties free of cost.