M. THANIKACHALAM J. - (1.) By consent of both parties, the appeal itself was taken for enquiry and disposed finally.
(2.) The respondent in this appeal, as complainant, filed a case in C.C.No.388/2008, on the file of District Forum, Chennai (South), for the following reliefs: 1. To pay Rs.1,32,000/- with interest @24% from 06.05.2007, till payment; 2. To pay Rs.10000/- for the deficiency in service in having utterly failed to refund the money collected for membership and making unjust demands for further charges towards registration of free land; 3. To pay Rs.10000/- for the unfair trade practice in giving lucid offers which is not provided or exist, indulging through grossly misleading offers 4. To pay Rs.20000/- for the resultant mental agony and pain caused by such deficiency of service 5. To pay Rs.10000/- as cost, on the ground that the opposite party had committed deficiency in service, since they have failed to refund the money collected etc., which was not opposed by the opposite party, though he was served.
(3.) The District Forum, as mandated by the provisions of the Act, though the opposite party remained exparte, disposed the case on merit, more or less accepting the case of the complainant as such. Since there is no provision available under the Act, to set aside the exparte decree, the opposite party was compelled to prefer an appeal by depositing mandatory amount, and in this way the appeal has been preferred.;