STATE BANK OF TRAVANCORE Vs. S.ANANDA RAFAKKA
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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K.SAMPATH, J. -
(1.) The appeal arises out of the ex-parte order passed by the District
Consumer Disputes Redressal Forum, Madurai, in C.O.P.No.205/2003 on its
file. The opposite party is the appellant herein.
(2.) The complaint came to be filed seeking return of certain gold
ornaments and claiming a sum of Rs.50,000/- towards mental agony and loss
of prestige. It would appear that on 07/08/2003 the opposite
party/appellant was called absent and was set ex-parte and an ex-parte
final order came to be passed on 29/09/2003. This is contrary to the
decision of the National Commission in M/s. SIGNET CORPORATION Vs.
COMMISSIONER, M.C.D. NEW DELHI & Ors [1997 (2) CPR 179]. The District
Forum ought to have adjourned the matter for the filing of the version by
the opposite party and the same not having been done, we have no
alternative other than to set aside the ex-parte final order of the
District Forum and remand the matter for consideration afresh, however
subject to the opposite party paying a sum of Rs.2,500/- as costs to the
(3.) Consequently, the appeal is allowed; the order of the District Forum
is set aside and the matter is remitted back to the District Forum for
consideration afresh on merits subject to the opposite party/ appellant
paying a sum of Rs.2,500/- costs to the complainant/ respondent within
eight weeks from today. The parties shall appear before the District
Forum on 04/06/2008 and on the very same day the opposite party shall
file his version and contest the case on merits. The District Forum shall
dispose of the matter within eight weeks therefrom. If the order as above
with regard to costs is not complied with by the opposite party, the
appeal shall stand dismissed.;
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