(Delivered on 21/02/2019)

PER SHRI B.A. SHAIKH, HON’BLE PRESIDING MEMBER.

1.         This revision petition is filed  by the original  opposite party(for short O.P) against the  order dated 03/09/2018 passed by the Additional District Forum, Nagpur in consumer complaint No. 76/2018 by which the said complaint  has been proceeded exparte against the  petitioner/original O.P.

2.         Initially  notice on delay condonation application was issued by this Commission   to the  respondent /original complainant and  it was served to the respondent, but he failed to appear despite  service of notice. Therefore, this Commission heard the petitioner’s advocate  on the delay condonation application and granted  the said application  vide order dated 11/02/2019 and thereby condoned the delay that occurred  in filing of the revision  petition.  Thereafter this Commission  issued second notice dated 12/02/2019 to the respondent. The petitioner’s advocate  sent that notice  to the respondent  by Registered Post A.D. on 12/02/2019 and produced  postal slip and track report  obtained from India Post today and submitted that  said  notice has been duly served to the respondent.  We also find that  the said notice has been  duly served  to the respondent on 15/02/2019, but he remained absent  for hearing on  revision petition.  Hence, we proceeded  exparte against it.

3.         The petitioner’s advocate  has drawn our attention  to the copy of Leave and License Agreement  filed on record and submitted that  the address of the petitioner  was changed as  it was shifted  from its old  address  to new address mentioned in that agreement.  He further submitted that  notice of consumer  complaint  issued to the  petitioner on its old address  and after shifting  office to new address, the said notice  was misplaced and  hence, petitioner  could not appear before the Forum below . He also  submitted that thereafter  notice was traced out and that petitioner had appeared  before the Forum below on 26/12/2018. He further submitted that meanwhile  the  petitioner filed petition  and obtained interim  stay to the proceeding of the complaint.  Hence, he requested  that  impugned order may be set aside as  petitioner  has got a very good case on merit.

4.         We find that  the original complainant/respondent herein  has not appeared  despite service of notice by this Commission and as  the  petitioner  has  given satisfactorily  explanation about  its  non appearance before the Forum below on 03/09/2018, the impugned order deserves to be set aside so  as  to give opportunity  to the petitioner/ O.P. to file reply to the complaint. Accordingly, we proceed to pass the following order.

ORDER

i.          The revision petition  is allowed as under.

ii.         Impugned order dated 03/09/2018 passed by the Additional District Forum, Nagpur  in consumer complaint No. 76/2018 is hereby set aside subject to payment of cost  of Rs. 5000/- by the petitioner /O.P.  to the respondent / original complainant.

iii.         The said cost be paid  to the original complainant /respondent herein  within six  weeks from today,   directly by sending  him demand draft of that amount or  said cost be  deposited by the petitioner  to  Additional District Forum, Nagpur  for  its payment  to the  original  complainant  by the said Forum.  No extension  of time  beyond  six weeks will be  granted for  payment of that  cost as above.

iv.        The Additional District Forum, Nagpur  shall grant time of six weeks from today to the original O.P. for payment or deposit  of cost  as above and after lapse  of  the said period, the said Forum  shall verify as to whether  the said cost is paid or deposited as above and it is  paid within given time,  it shall accept  the reply of the O.P./petitioner  after expiry of  period of six weeks from today.

v.         Copy of this order be furnished to both parties, free of cost. Its  one copy be also sent to Additional District Forum, Nagpur for information.