Hon’ble Mr. Ajeya Matilal, Presiding Member

Ld. Counsel appearing for the Appellant is present.

Respondent is present in person.

FA being No.178/2022 is taken up for hearing.

Heard both sides.

Considered.

Being aggrieved and dissatisfied with order dated 09.06.2022 passed by DCDRC, Unit-IV, in complaint case No.54/2021 allowing the case ex-parte against the Opposite Parties directing theim to pay 40,626/- (Rupees Forty thousand six hundred twenty six only) along with Rs.10,000/- (Rupees Ten thousand only) as compensation to the Complainant within 45 days from the date of the Order, with default clause for payment of interest @ 9% per annum the Appellant/Opposite Party preferred this Appeal.

Ld. Counsel for the Appellant concerned submitted that the Ld. Counsel before the Ld. Forum below did not pursue the matter properly before the Ld. Forum below.

Ld. Counsel for the Respondent raised vehement objection and supported the impugned order.

Considering the facts and circumstances we are of the view that the parties concerned are willing to proceed with the case before the Forum below and an opportunity should be given to them.

In view of the above observation the impugned order should be set aside.

Accordingly, Appeal No.178/2022 is allowed on contest.

The impugned order is set aside.

The Appellant is directed to pay cost of Rs.1000/- (Rupees One thousand) to the Respondent.

Parties are directed to appear before the Ld. Forum below on 26.09.2024 and pay the aforesaid cost to the Respondent.

The Respondent is directed to file the W/V on the date next i.e. 26.09.2024.

On payment of cost the Ld. Forum below, is requested to dispose of CC/54/2021 in accordance with law without being influenced by any observation made by this Court within three months from the date of appearance by the parties.

Order of stay, if there is any, in connection with the Appeal stands vacated.

Let the copy of the Order/Judgment be sent to the Ld. Forum below.