Sh. Vaibhav Jain, Advocate is present on behalf of the appellant.

Respondent No. 3 – Ms. Pooja Goyal is present in person for herself as well as on behalf of respondent Nos. 1, 2 and 4.  None is present on behalf of respondent No. 5.

This appeal under Section 15 of the Consumer Protection Act, 1986 is directed against the orders dated 06.08.2018 and 07.08.2018 passed by the District Forum, Dehradun in consumer complaint No. 283 of 2012; Sh. Ashok Goyal Vs. Star Coatings & Membranes Pvt. Ltd. and another.

By order dated 06.08.2018, the District Forum has observed that since the appellant has not complied the order dated 06.07.2018 passed by this Commission in First Appeal No. 137 of 2016; Shree Durgai Construction Company and another Vs. Sh. Ashok Goyal and others and has not paid the costs of Rs. 5,000/- to the legal representative of the complainant and, as such, the order dated 24.05.2016 passed by the District Forum becomes effective and no further proceedings are required to be conducted by the District Forum in the consumer complaint.

By order dated 07.08.2018, the District Forum has rejected the application dated 06.08.2018 moved by the appellant – opposite party No. 2 for setting aside the order dated 06.08.2018 passed by the District Forum.

The consumer complaint was decided ex-parte against the appellant by the District Forum per order dated 24.05.2016, against which an appeal was preferred before this Commission, which was registered as First Appeal No. 137 of 2016; Shree Durgai Construction Company and another Vs. Sh. Ashok Goyal and others.  The said appeal was allowed by this Commission vide order dated 06.07.2018 and the ex-parte order dated 24.05.2016 passed by the District Forum was set aside subject to payment of costs of Rs. 5,000/- by the appellant and the appellant was directed to file written statement before the District Forum on or before 06.08.2018 positively.

The order dated 06.08.2018 passed by the District Forum shows that the appellant did not comply the order dated 06.07.2018 passed by this Commission and did not pay / deposit the required costs and consequently, the District Forum observed that no further proceedings are required to be taken up in the matter.

After passing of the order dated 06.08.2018 by the District Forum, the appellant moved an application dated 07.08.2018 (Paper Nos. 14 to 15) before the District Forum, stating therein that the appellant is a senior citizen and is an old patient of Bronchial Asthma and is having several old age problems.  Due to change in climate and rainy season, he remained ill and, as such, could not deposit the costs of Rs. 5,000/- and written statement / reply before the District Forum before 06.08.2018.  On 06.08.2018, the appellant reached the District Forum, but due to rainy season and sudden Bronchial problems, immediately left the District Forum and contacted his family doctor Dr. Avdhesh Kumar Gupta for medical aid.  After taking medical treatment and getting some relief, the appellant again reached the District Forum at 2:00 p.m. or 2:15 p.m. for attending the consumer complaint, whereupon he came to know that some order has been passed in the consumer complaint.  Non-appearance of the appellant before the District Forum on time was on account of his sudden Bronchial problems, which was beyond his control and the absence of the appellant was not intentional or deliberate.  The appellant has also filed the medical certificate dated 06.08.2018 (Paper No. 16) along with the application. 

Thus, the appellant has set out the reasons for not appearing before the District Forum in time and it is clear that the appellant was prevented by sufficient cause from appearing before the District Forum and doing the needful in the matter and we are of the considered view that there was no laches on the part of the appellant.

In view of the above situation and background and there being no malafide or intentional mistake on the part of the appellant, the appeal is fit to be allowed.

Since the consumer complaint was decided by the District Forum ex-parte against the appellant vide order dated 24.05.2016 and we have narrated all the facts of the case as well as law in ex-parte matters in our order dated 06.07.2018, thereby allowing First Appeal No. 137 of 2016 and hence we need not repeat the same here.

Appeal is allowed.  Orders impugned dated 06.08.2018 and 07.08.2018 passed by the District Forum are set aside subject to payment of costs of Rs. 2,500/-, to be paid by the appellant to respondent Nos. 1 to 4.  The appellant is directed to file written statement before the District Forum on or before 08.10.2018 positively, the date fixed for appearance of parties before the District Forum and thereafter the District Forum shall afford a reasonable opportunity to the parties to adduce evidence in support of their case.  The District Forum shall take all sort of endeavour to decide the consumer complaint as early as possible and preferably within a period of three months’ from the date of filing the written statement by the appellant.  The present costs of Rs. 2,500/- as well as the earlier costs of Rs. 5,000/- imposed by this Commission per order dated 06.07.2018, shall be paid by the appellant to respondent Nos. 1 to 4 before filing the written statement, failing which the written statement shall not be accepted by the District Forum.