F.A.No.365/2012 against C C.No.198/2011 District Forum-II, Visakhapatnam.

Between

M/s.Heritage Furniture rep. by its proprietor

B.Venkat Naidu, R/o.D.No.9-14-11/1

CBM Compound, Visakhapatnam.                                   Appellant/O.P.                   

                And

Sri Manda Venkateswara Siva Rao, S/o.M.V.Ramanayya

Hindu, aged about 62 years, Occ:Retd. Govt. Employee,

R/o.D.No.5-19-25/5, Flat C-2, Sri Venkateswara

Residency, N.G.O’s colony, Chandrampalem,

P.M.Palem Post, Madhuravada, Visakhapatnam.                       Respondent /

                                                                                           Complainant

Counsel for the Appellant             :  M/s.G.L.Nageswara Rao.

Counsel for the Respondents         : Smt.N.(P) Anjana Devi

QUORUM: THE HON’BLE SRI JUSTICE D.APPA RAO, PRESIDENT,

SMT.M.SHREESHA, HON’BLE MEMBER.

AND

SRI S.BHUJANGA RAO, HON’BLE MEMBER,

WEDNESDAY, THE THIRTEENTH DAY OF JUNE,

TWO THOUSAND TWELVE

Order (Per Hon’ble Sri Justice D.Appa Rao, President)

***

        This is an appeal preferred  by the opposite party against the order of the District Forum-II, Visakhapatnam in allowing the complaint on the ground that no opportunity was given to it to file vakalath of the advocate or contest before the District Forum.

It is an undisputed fact that the advocate appearing for the appellant has given an undertaking that he would file vakalath on the next day i.e. on 15-7-2011 since he did not file vakalath, the District Forum pronounced its orders on 22-7-2011. In the mean time, the petitioner thought of filing an application to set aside exparte order but his counsel informed that the District Forum has no jurisdiction. 

For whatever reason, the appellant did not contest the matter.  In the circumstances, we are of the opinion that one more chance could be given for the appellant to contest the matter before the District Forum. 

In the light of the circumstances stated above, the appeal is allowed and the order of the District Forum is set aside. The District Forum is directed to restore the complaint to its original file.  Both parties are directed to appear before the District Forum on 09-7-2012, without insisting for fresh notice and the appellant is directed to file written version before the District Forum on that day.  The District Forum is directed to enquire into the matter as per law after giving opportunity to both sides to adduce evidence and dispose of the matter on merits.  There shall be no order as to costs.

Sd/-PRESIDENT.

                                                                Sd/-MEMBER.

                                                                Sd/-MEMBER.

JM                                                             13-6-2012