For the reasons stated in the application for condonation of delay, the application is allowed and the delay is condoned.

No one appears for the respondent-complainant despite due service of notice and a sum of Rs.7,000/- having been remitted to him to enable him to meet his travel and allied expenses in connection with the present proceedings.

In the circumstances, we have heard Mr. Rajeshwar Singh learned counsel for the petitioner-Railway Administration and have considered his submissions.

Challenge in these proceedings is to the order dated 21.09.2010 passed by the M. P. State Consumer Disputes Redressal Commission, Bhopal in appeal No. 2603 of 2007.  The appeal before the State Commission was filed against an order dated 21.04.2006 passed by the District Consumer Forum, Satna in complaint case No. 284 of 2005 by which the order, the District Consumer Forum had allowed the complaint ex parte and had awarded a compensation of Rs. 2 lakh to the complainant in relation to the death of his wife, who

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first suffered a fracture by falling down in a manhole lying on the platform and subsequently died due to the said injury.  A vehement plea was made before the State Commission for remanding the matter to the District Consumer Forum as no defence could be put up on behalf of opposite party-railway administration before the District Consumer Forum and the complaint was answered ex parte going by the say of the complainant.

Mr. Rajeshwar Singh, learned counsel for the petitioner would assail the impugned order on a variety of grounds and one is that death of Smt. Surjeet Kaur could not be directly attributed to the petitioner-Railway Administration.

Having regard to the facts and circumstances of the case, we are of the view that the petitioner-Railway Administration should be afforded an opportunity to put up their plea in response to the complaint so filed so that the question of negligence or deficiency in service is considered in a proper manner. 

In the result, the revision petition is partly allowed and the impugned order is hereby set aside and the complaint is remitted to the District Consumer Forum, Satna for deciding the complaint

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afresh, after issuing notice to the opposite party, which will be subject to further cost of Rs.7,000/- to be paid to the respondent, and taking into account the plea, if any, raised by the petitioner-Railway Administration.

The parties are directed to appear before the District Consumer Forum, Satna on 17.10.2011 for receiving further directions in the matter.

Dasti to Mr. Rajeshwar Singh, learned counsel for the petitioner.