Karnataka

StateCommission

A/1280/2022

Amazon Seller Services Pvt. Ltd. - Complainant(s)

Versus

S Basavaraj - Opp.Party(s)

A.G. Niyogi

25 Jul 2022

ORDER

25/07/2022

At the instance of advocate for appellant appeal is advanced.

          Advocate for appellant/OP submits that after service of notice they could not appear before the District Commission and on 16.06.2022 filed an application to set aside the exparte order and permit them to fie version, but, the District Commission refused to receive application itself and proceeded for evidence of complainant.  Hence, this appellant prays to permit them to file version and to take their defence by setting aside the order of exparte passed by the District Commission.

          On going through the order sheet we noticed here that the District Commission has not noted filing of application under Section 40 of Consumer Protection Act by the appellant/OP to permit them to contest and file version.  Copy of the application is furnished before this Commission.  On noticing application it could be seen that appellant attempted to file above said application on 16.06.2022.  The District Commission without accepting the said application has posted for affidavit of complainant.  Any how the appellant before this Commission submits that they are only platform to sell the products of manufactures/ sellers, whereas the complainant alleges deficiency in service and claimed for compensation.   They have got good case to urge defence.  Hence, prays for setting aside order of exparte and permit them to file version and evidence on their side in the interest of justice and equity.

          Considering the submission made by appellant, as there is no delay in filing application for setting aside the order of exparte and as District Commission has no power to set aside its own order of exparte, in the interest of justice and equity the application is allowed on payment of costs of Rs.2,000/- payable to the complainant before District Commission.

The District Commission is directed to set aside the order of exparte against this appellant/OP, permit them to file version and evidence supporting his defence.  Accordingly, appeal is disposed of.

 

Judicial Member