- (1.) THIS is an application seeking condonation of delay caused in filing the appeal against the judgment and order passed by the Consumer Disputes Redressal Forum, Vadodara in Complaint No. 813 of 2008 dated 22.11.2010.
(2.) WE have heard Mr. N.J. Acharya, learned Advocate for the applicant and respondent, party in person at length. The learned Advocate for the applicant has mainly taken two contentions viz.: (i) The opponents were not served with the notice/summons of District Forum. (ii) There was administrative and procedural delay in filing the appeal.
(3.) THE first contention raised by the learned Advocate for the applicant is that they were not served with the summons to appear before the District Forum, Vadodara and hence they failed to appear before the Forum and the matter was decided ex parte. The District Forum has observed in its judgment in para 3 that 'Heard complainant in person, on behalf of opponent along with the complaint, necessary documents are produced, they are 9 in number and in Consumer case No. 813 of 2008, 11 documents are produced alongwith the complaint. As against this no document is produced on behalf of opponents. This shows that opponent was duly served but failed to remain present before the Forum and the matter was decided ex parte.;