SPAN SURGICALS COMPANY Vs. T.MOHANKUMAR SENIOR CONSULTANT
LAWS(TNCDRC)-2008-12-5
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on December 08,2008

Appellant
VERSUS
Respondents

JUDGEMENT

N.KANNADASAN, J. - (1.) The appellant is the opposite party and the respondent is the complainant before the District Forum.
(2.) The above appeal is filed by raising the ground that the District Forum has allowed the complaint by setting opposite party as exparte without ensuring as to whether proper service is effected or not. From the records it is seen that at one instance when notice is ordered initially, the postal cover was not claimed by the opposite party, inspite of the intimation given to them. The District Forum after recording the said fact ordered paper publication. According to the learned counsel for appellant, even today the appellant / opposite party is carrying out the business in the very same place and inadvertently due to the mistake of some of the employees of the firm, the cover might not have been received and as such, prayed to grant further opportunity. Even though we do not see any infirmity in the order passed by the District Forum, since the opposite party has suffered an order in the light of the facts as narrated supra, we intend to give a further opportunity.
(3.) In the back drop of the above submissions, in order to give one more opportunity to the opposite party / appellant, we are inclined to allow the present appeal under the following conditions:;


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