(Passed On 16/11/2015)

Per Mr. B.A. Shaikh, Hon’ble Presiding Member

1. None is present for the revision petitioner. Adv. Smt. Kamble is present for respondent No. 1. On perusal of the earlier daily proceeding shows that on last date also none had appeared for the revision petitioner. Advocate of the respondent No. 1 submitted that she has no objection if the impugned order is set aside subject to reasonable cost. The revision petition is directed against the order dated 13/11/2014 by which  the complaint has been proceed exparte against the original OP No. 2/petitioner herein, as petitioner failed to appear before the Forum despite service of notice.

2. The revision petition shows that the petitioner/OP No. 2 had appeared through its advocate before Forum on 13/11/2014 and moved an application to set aside that exparte order. However it was rejected. The advocate of the respondent No. 1 submitted that written version was also filed by OP No. 2 before the Forum but it was filed after the impugned exparte was passed against the OP No. 2/petitioner herein. In our view  the petitioner’s advocate had appeared subsequent to  but passing of the impugned order before the Forum. Hence it  needs to set aside for giving the petitioner an opportunity  to contest the complaint,  subject to reasonable cost. The revision petition is thus  allowed as under.

ORDER

1. The impugned order dated 13/11/2014 passed by the Forum is set aside subject to payment of cost of Rs. 2,000/-to be paid  by the petitioner to the respondent No. 1/complainant. The said cost be paid to the complainant/respondent No. 1 or deposited with the Forum below on or before 16/12/2015 and in case of default, the revision petition would be treated as dismissed. On making of the payment or deposited as above of the said cost, the Forum shall give an opportunity to the petitioner/OP No. 2  to appear in the proceeding of the complaint and to contest the same.
2. Copy of the order be furnished to both the parties free of cost and its one copy be forwarded to the District Forum, Bhandara for information.