TRIDOSS LABORATORIES PRIVATE LIMITED Vs. MUKESH KUMAR

JUDGEMENT

(1.) (Oral)These appeals have been preferred against the judgment and order dated 14.10.2009 passed by the District Forum, Haridwar, allowing the consumer complaint No. 294 of 2008 filed by the complainant Sh. Mukesh Kumar against the opposite party Nos. 1 and 2 (appellants before us) and dismissing the consumer complaint against the opposite party No. 3. The District Forum directed the opposite party Nos. 1 and 2, who are appellants in First Appeal No. 11 of 2010 and 47 of 2010 respectively, to pay to the complainant sum of Rs. 25,000 and also to pay litigation expenses of Rs. 1,500. The District Forum has also imposed a penalty of Rs. 5,00,000 on the opposite party Nos. 1 and 2 and directed the opposite party Nos. 1 and 2 to deposit the said amount in State Consumer Welfare Fund.

(2.) HEARD learned Counsel for Tridoss Laboratories Pvt. Ltd., M/s. Kanha Biogenetic Laboratories and M/s. New Janta Medical Store and perused the record. None appeared on behalf of complainant Sh. Mukesh Kumar on the date of final hearing in the appeals in spite of the fact that he has been sufficiently served and has been appearing on the earlier dates himself.

(3.) THE impugned judgment and order reveals that the opposite party Nos. 1 and 2, who are the appellants before this Commission in First Appeal No. 11 of 2010 and 47 of 2010 respectively, could not file written statement before the District Forum and accordingly could not adduce any evidence in support of their case. The impugned judgement, therefore, was rendered by the District Forum ex parte against the opposite party Nos. 1 and 2.