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 complainant.
(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.;