K.SAMPATH, J. - (1.) Though the respondent/complainant was served, he has not chosen to appear and contest the case. We heard counsel for the appellant/ opposite party.
(2.) The consumer complaint No.14/2007 came to be filed by the respondent/complainant before the District Forum, Cuddalore, alleging deficiency in service and unfair trade practice on the part of the opposite party. It is seen from the order of the District Forum that in spite of service of notice to him, the opposite party did not appear before the Forum to contest the case. Time was granted for filing written version. The written version was also not filed within 45 days. Hence, the opposite party was called absent and set ex-parte by the District Forum on 23/05/2007. The complaint was proceeded with and by order dt.23/07/2007, the District Forum passed final orders directing the opposite party to issue sales certificate to the complainant without demanding any amount and to pay Rs.5,000/- towards compensation for mental agony caused by the complainant.
(3.) The learned counsel for the appellant/opposite party submitted that the opposite party should be afforded an opportunity to file his version and contest the case on merits. The learned counsel submitted that this was not a consumer dispute as it related to price. Counsel also submitted that the District Forum ought to have granted further time to enable the opposite party to file his written version. No doubt, the District Forum had waited for 45 days to enable the opposite party to file his version and contest the case. Though time was granted, the opposite party did not choose to avail the opportunity to file the version and contest the case on merits. However, in the interests of justice, we are of the view with an opportunity could be given to the opposite party to file his version and have a decision on merits, however, subject to heavy terms.;