VIJAYSHANTHI BUILDERS LTD Vs. S.GANESAN
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Click here to view full 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
(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
Copyright © Regent Computronics Pvt.Ltd.