(1.) THE appellant is aggrieved by the dismissal of his complaint for default in appearance. Consumer Dispute No. 19/2003 was dismissed by the Consumer Disputes Redressal Forum (District Forum), North Goa for default by order dated 9.7.2008. The respondents are the opposite parties.
(2.) THE facts relevant to the appeal are that the appellant/complainant filed a complaint before the District Forum on 27.2.2003. On being noticed, the respondents/opposite parties contested the complaint and filed their written version. Parties led evidence. The complainant and opposite parties were cross -examined. Thereafter, the parties filed written arguments and the matter was reserved for communication of orders on 7.3.2006. The matter was then placed before 'Lok Adalat' on 27.4.2007, but since both parties were absent, the matter was again reserved for communication of orders. On 9.7.2008, the matter was again re -listed for hearing. This time, the notice sent to the complainant was returned by the postal authorities with remarks "Unclaimed". The District Forum after calling out the matter thrice proceeded to note that the complainant was not interested in following the complaint and assisting the Forum in final disposal and dismissed the complaint for default.
(3.) WE heard learned Advocate Mr. Sachin Dessai for the appellant and learned Advocate Deepak Gaonkar for the respondents. Counsel filed notes of arguments as well.