T GUNASUNDARI Vs. B CHITRA

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed by the first respondent in m. C. O. P. No. 65 of 2001 on the file of the dindigul District Consumers Disputes redressal Forum, Dindigul thereby testifying the validity of the docket order dated 15-7-2003 passed by the said Forum thereby returning a petition filed to set aside the ex-parte decretal order on ground that there is no provision under the Consumer Protection act, 1986 to set aside the ex-parte order further directing the petitioner to move the regular appeal before the State Consumer disputes Redressal Commission, chennai.

(2.) ON the part of the petitioner, she would urge that the District Consumer Redressal forum does have the power to set aside the ex-parte decree, which is an incidental proceeding arising therefrom. The learned counsel appearing on behalf of the petitioner would point out that the District Consumer redressal Forum is vested with the powers of a Civil Court while trying the complaint and that the proceedings before the District consumer Redressal Forum are deemed to be the judicial proceedings and therefore the district Consumer Redressal Forum ought to have exercised the power of setting aside the ex-parte order in the instant case instead of rejecting the petition.

(3.) THE learned counsel for the petitioner would also cite a judgment of this Court delivered in Indian Bank v. District Consumer disputes Redressal Forum, Madras reported in, (1996-1) 7 MWN (CP) 258 wherein the learned single Judge has observed :