VIJAYSHANTHI BUILDERS LTD Vs. S.GANESAN
LAWS(TNCDRC)-2008-4-19
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on April 04,2008

Appellant
VERSUS
Respondents

JUDGEMENT

K.SAMPATH, J. - (1.) The opposite parties in O.P.No.293/2000 on the file of the District Consumer Disputes Redressal Forum, Chennai (South) are the appellants herein.
(2.) Though they filed vakalat through counsel and also filed their version they did not further participate in the proceedings and ultimately suffered an ex-parte order. Challenging the final order, the present appeal has been filed.
(3.) In the memorandum of grounds on behalf of the appellants/ opposite parties, it is stated that the District Forum had erroneously observed that the opposite parties did not appear after filing version that they had indeed filed their proof affidavit and a document dt.13/12/1999 wherein they had clearly set out their case that the District Forum ought to have taken into consideration the proof affidavit and the said document that there was non-application of mind on the part of the District Forum. There are several other points raised in the memorandum of grounds which we are not adverting to for the simple reason that we intend to send back the case for consideration afresh by the District Forum. We find in the records a proof affidavit of the opposite parties. We also find in the typed papers filed before us, a document dt.13/12/99 though the same is not found in the original records. Interests of justice require that the opposite parties should be afforded an opportunity to contest the case on merits by filing their documents however subject their paying a sum of Rs.2,500/- as costs to the complainant.;


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