Hon’ble Mr. Ajeya Matilal, Presiding Member
Both parties are present through their Ld. Advocates.
Due to inadvertence today is fixed for hearing of IA/969/2022. But it appears from order no. 4 dt. 12.04.2023 that the aforesaid IA was allowed subject to payment of cost of Rs. 2000/- payable to SCWF. The receipt of payment of cost has been filed by the appellant. Copy of the receipt be kept with the record.
Admit the appeal.
Heard the Ld. Advocates for both sides.
Considered.
In the instant appeal the OP/ appellant prayed for setting aside the impugned order dt. 16.06.2022 passed by Ld. DCDRC Unit- I along with CC/34/2022 directing the OPs jointly and severally to pay Rs. 1,20,000/- along with compensation of Rs. 20,000/- and litigation cost of Rs. 10,000/-. The Ld. Advocate for the appellant submitted that he was not present at the time of hearing so an opportunity should be given to him by this appellant forum.
But the Ld. Advocate for the respondent submitted that the appellant / OP wilfully avoided to appear before the Forum below.
However it appears that the OP/ appellant could not contest the case. So, we are of the view that an opportunity should be given to the OP concerned to contest the case subject to payment of cost.
Accordingly A/232/2022 is allowed on contest subject to payment of cost of Rs. 4000/- payable to the respondent. The impugned order is set aside. Parties are directed to appear before the forum below by 14.08.2023 and the appellant /OP shall file W.V before the Ld. Commission below on that date positively.
The Ld. Forum below is requested to dispose of the case within 2 months from 14.08.2023 after giving opportunity to both parties of being heard without being influenced by any observation made by this Commission.
Order of stay, if any, in connection with the present appeal stands vacated.
Let a copy of this order be sent to the Ld. DCDRC, Unit I.
Joint Registrar of this Commission is directed to do the needful in this regard.
