RP-69/14

15.07.2015

Present:         Sh. Amar Shankar, Counsel for the Appellant.

                     Counsel for the Respondent.

        Respondent is served.

        The order under challenge is dated 11.07.2014 by which the appellant herein i.e. complainant before the District Forum has been proceeded ex-parte.

        It is stated that on 19.09.2014 the petitioner had gone to attend some other matter before the District Forum wherein the case was also listed and on enquiries it was revealed that the petitioner has already proceeded ex-parte before the District Forum on 11.07.2015.

        It is stated that the petitioner/OP was not served in this matter and on 19.09.2014 the petitioner had come to know the filing of the aforesaid complaint. Thereafter, application was moved before the District Forum which was dismissed as the District Forum has no power to recall its order. Thereafter, the present revision petition is filed.

        In view of the reasoning given and in the interest of justice, the impugned is set aside, subject to costs of Rs. 2,500/-.

The parties shall appear before the District Forum on 27.07.2015. On the said date the petitioner/OP shall file its written statement and pay the costs and thereafter the District Forum shall proceed further in the matter in accordance with law.

        A copy of this order as per statutory requirements be sent to the District Forum.

        As prayer order be given dasti.

(Justice Veena Birbal)

President