S.KALYANA RAMAN Vs. S.KALYANA RAMAN
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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K.SAMPATH, J. -
(1.) The facts leading to the Revision Petition are as follows: - Time was
given to the Opposite parties to enter appearance through counsel and
also to file their version. However, they did not appear on the said
date, there was no representation; they were called absent and set
exparte. An application in CMP No.207/2007 came to be filed by the 2nd
opposite party for setting aside the exparte order. This was strongly
opposed. The District Forum allowed the application on condition that on
payment of Rs.500/- to the complainant on or before a particular date the
exparte order would stand set aside failing which the order would stand.
Though according to the learned counsel for the 2nd opposite party/
revision petitioner the amount was paid to the learned counsel for the
complainant on 20/9/2007, it was not brought to the notice of the
District Forum with the result the order worked itself out and the
District Forum held that the exparte order could not be set aside. It is
as against that the present Revision has been filed.
(2.) Inasmuch as the 2nd opposite party had paid the amount to the counsel
for the complainant in time, however but had not reported such payment to
the District Forum on the date when the matter was posted for hearing, we
deem it proper to direct the 2nd opposite party to pay a further sum of
Rs.1,000/- to the complainant as a condition for availing the luxury of
having the exparte order set aside.
(3.) Consequently, the Revision Petition shall stand allowed subject to the
condition that the Revision Petitioner/ 2nd opposite party shall pay a
sum of Rs.1,000/- as costs to the complainant strictly within a period of
three weeks from today. On such payment, the exparte order passed by the
District Forum against the 2nd opposite party shall stand set aside and
the complaint shall stand restored to its file. It will be open to the
2nd opposite party to have a decision on merits by filing their version
and contesting the case. The Revision petition is ordered as indicated
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