SPAN SURGICALS COMPANY Vs. T.MOHANKUMAR SENIOR CONSULTANT
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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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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