Petitioner was the opposite party No.2 before the District Forum.

          Respondents/complainants had deposited certain amounts with  Jagvilla Recreation & Hospitality Limited, of which the petitioner was the Director.  The deposits made were not refunded with interest at the time of maturity.  The cheques issued by Jagvilla Recreation & Hospitality Limited were also dishonored.  The complaint was filed.

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          Petitioner did not appear before the District Forum.  No Written Statement was filed on his behalf.  District Forum partly allowed the complaint and directed the opposite parties No.1, 2, 3 & 4 to refund the deposited amount with interest, compensation and costs.

          Petitioner filed an appeal before the State Commission which has been dismissed by the impugned order on the grounds of ‘Delay’ as well as on ‘Merits’.  It has been observed by the State Commission that hearing notice issued to the petitioner/opposite party No.2 by the District Forum was received back with the endorsement ‘Not Claimed’.  Since there was no defence on behalf of the petitioner, the District Forum took the facts stated in the complaint duly supported with affidavit of the petitioner, to be true and correct.

          Counsel for the petitioner has been heard.  We agree with the view taken by the State Commission.  In the absence of any defence raised on behalf of the petitioner, the petitioner cannot raise the plea that he had resigned by the time the complaint had been filed.  All these facts had to be stated in the Written Statement duly supported

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by an affidavit, so that the fora below could have appreciated all these facts.  This plea cannot be permitted to be raised by the petitioner for the first time in revision before us.  Revision Petition is dismissed.  No costs.