Madhya Pradesh

StateCommission

RP/19/150

NAT LINK SOFTWARE P LTD - Complainant(s)

Versus

VARSHA KALOTE - Opp.Party(s)

29 Aug 2020

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

76, ARERA HILLS, BHOPAL

 

                                REVISION PETITION NO. 150 OF 2019

NETLINK SOFTWARE PVT. LTD VS VARSHA KALOTE

O R D E R    S H E E T

 

DATE OF ORDER

 ORDER WITH SIGNATURE

ORDER OF THE REGISTRAR ON OFFICE NOTING

 

29.08.2020

            THROUGH VIDEO CONFERENCING

                   None for the petitioner.

                   None for the respondent.

                   Perused the impugned order dated  18.09.2019 passed by the District Consumer Disputes Redressal Commission, Hoshangabad (For short District Commission) in C.C.No.104/2019 whereby the District Commission has proceeded ex-parte against the petitioner/opposite party no.3.

                   According to petitioner the notice of the complaint was served on the petitioner on 03.09.2019 and before expiry of even 30 days, on 18.09.2019 the District Commission proceeded ex-parte against the petitioner and deprived the petitioner to file reply which was available to the petitioner up to 30/45 days. 

                  Having gone through the proceedings we are satisfied that the District Commission without expiry of 30 days from

                                 -2-

the date of service of notice on petitioner depriving the petitioner to file its reply, proceeded ex-parte against the petitioner.

                 In the circumstances the impugned order having been passed in contravention to Section 13 of the Consumer Protection Act, 1986 is set-aside and the case is remanded to the District Forum for deciding it afresh in accordance with law.

                 Petitioner is permitted to file reply before the District Forum within 30 days from today.

                 With the aforesaid directions, this revision petition is disposed of.

 

  (Justice Shantanu S. Kemkar)  (S. S. Bansal)

                  President                      Member

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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