M.THANIKACHALAM J. - (1.) The opposite parties having suffered an exparte award, have come to this commission, as appellants.
(2.) The respondents/complainants, leveling certain deficiencies, as if loan wasnt sanctioned, something like that, branding the same as deficiency in service, filed a case, for some amount, which was not opposed, in the District Forum, and in the absence of any defense, issued a direction against the opposite parties, to pay a sum of Rs.3138/-, since that amount was not disbursed from the total amount of RS.32000/-, whereas only a sum of RS.29,862/-, alone was disbursed alongwith compensation of RS.15000/-, as per order dt.17.6.2008,which is under challenge.
(3.) The learned counsel for the complainant would contend, that the relief claimed will not come within the meaning of consumer dispute, and for that they may be not given an opportunity, to file the written version, and contest the case. By going through the pleadings, we do feel a doubt about the jurisdiction, which should be based upon the written version, and as such we cannot give any finding. In this view, when an opportunity was sought for remand, to contest the case, by filing written version, we are unable to say No, since it is the cardinal principle, that parties should be heard, and case should be decided on merit, despite there may be a delay. Hence appeal deserves to be allowed, only for the purpose of remanding the case, giving an opportunity to the opposite parties to contest the case by filing written version.;