Madhya Pradesh

StateCommission

RP/15/33

MARUTI SUZUKI INDIA LTD. - Complainant(s)

Versus

SMT.DEEPTI ASWANI - Opp.Party(s)

03 Aug 2015

ORDER

Shri Uday Palnitkar, learned counsel for the petitioner.

Shri Jay Prakash Chandravanshi, learned counsel for the respondent no.1.  He has filed vakalatnama.  It is taken on record.

Shri S. K. Yadav, representative of respondent no.2.

The petitioner/opposite party no.1 has filed this revision against the order dated 03.03.2015 passed by the District Forum, Bhopal in C.C.No.652/2014 whereby, because of his default in appearance, an ex-parte order has been passed against him. Learned counsel for petitioner submits that though petitioner was appearing in the case but since all instructions and documents had to be received by him from Gudgaon, he or his counsel could not appear in the case.  Learned counsel submits that the petitioner thereafter appeared in the Forum on 22.05.2015 and filed reply also.  In case, the complaint proceeded ex-parte, the petitioner would not able to defend the allegations against him.                 

Learned counsel for respondent no.1 opposed the submissions made by counsel for petitioner stating that despite appearing earlier the petitioner voluntarily remained absent on 03.03.2015.

After due consideration of the  submissions made by counsel for parties and perusal of the impugned order we deem it appropriate to permit the petitioner to appear in the case and let him contest the complaint filed against him.  Accordingly, the impugned order of ex-parte is set-aside and the petitioner is permitted to appear in the complaint pending before the Forum, however, subject to payment of cost of Rs.2000/- to respondent no.1/complainant. On appearance of all the parties the Forum shall proceed with the complaint according to law. All the parties shall appear before the District Forum on 13.08.2015 as already fixed in the case.  The revision is thus disposed of.