S.KALYANA RAMAN Vs. S.KALYANA RAMAN
LAWS(TNCDRC)-2008-4-8
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on April 09,2008

Appellant
VERSUS
Respondents

JUDGEMENT

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 above.;


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