MAHAMAYA CABLE NETWORK Vs. ADESH KUMAR CHAUHAN
LAWS(UTNCDRC)-2004-2-1
UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on February 27,2004

Mahamaya Cable Network Appellant
VERSUS
Adesh Kumar Chauhan Respondents

JUDGEMENT

- (1.)THIS is an appeal against the judgment and order dated 13..11.2003 passed by the District Forum, Haridwar whereby the complaint of the complainant was allowed.
(2.)THE brief facts of the case are that the complainant has filed the complaint in respect of deficiency in his cable connection. Notices were issued to the appellant but the appellant did not contest, hence the complaint proceeded ex parte and was allowed. Then this appeal has been filed. It is alleged by the appellant that the appellant was not served, no notice was received by him, the address given is also incorrect. The proprietor of the cable network is Sh. Avinash Kumar whereas notice was sent to Sh. Ashwani Sharma who has nothing to do with the cable network. The record shows that notices were sent but were not received by the appellant and the appellant was served by publication.
(3.)SINCE the order is totally ex parte, it is to be quashed. However, the appellant was served through publication, etc. in which the complainant has to spend handsome amount, therefore, it is proper that the ex parte order should be recalled on payment of cost.
ORDER

The appeal is hereby allowed. The ex parte order dated 13.11.2003 is hereby set aside on payment of Rs. 500/ - (Rupees five hundred only) as cost to the complainant by the appellant. Cost should be paid within 15 days. In case, cost is not paid the appeal shall stand dismissed. On payment of cost, the order under appeal shall stand set aside and the case be remanded to the learned Forum for fresh decision in accordance with law after taking the pleadings and evidence of the parties. Cost of the appeal shall be easy.



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