- (1.) The Appellant failed to oppose the claim made by the complainant for the compensation of Rs.50,000/- in C.C.19 of 2007 despite the fact time has been given as recorded by the lower Forum. In view of the fact that the Appellant failed to appear before the lower Forum in time and filed version, setting them exparte, an order was passed on merit directing the Appellant to pay a sum of Rs.50,000/- as compensation for causing monetary loss and mental agony which is under challenge in this Appeal.
(2.) Here also while preferring the Appeal there was delay which was condoned, taking lenient to view as per the order in CMP. No.1325/2008 though there was a delay of 155 days.
(3.) The Learned Counsel for the Appellant submitted that since lower Forum has passed an exparte order though it is labeled an order passed on merit, it is not so, because of the fact that no sufficient opportunities were given to the Bank, to file version as well as to file documents if any which is not seriously challenged. It seems, as, of routine work, when the opposite party remained set exparte, the case was disposed, on merit always and in this view when the opposite party has not filed Written Version, an opportunity should be given to the Appellant, to contest the case on merit. When this was put the Learned Counsel for the Respondent/Complainant, though she opposed, I do not find any force in the objection, since it is the settled principle that all the cases, should be disposed on merit. On the above basis, we are inclined to allow the Appeal, setting aside the order of the lower Forum dated 18.05.2007 and remand the same for fresh disposal, according to law on merit. In the result, the Appeal is allowed. The order of the lower Forum dated 18.05.2007 is set aside and matter is remanded back to the lower Forum, for disposal according to law. The parties are directed to appear before the lower Forum on 13.10.2009. On appearance, the opposite party is directed to file the Written Version within 15 days from the date of appearance, failing which, the Forum is directed not to give no more time, for the opposite party. After filing the Written Version, the lower Forum is directed to dispose the case, within two months on merit. There will be no order as to cost in the Appeal. The Commission is directed to dispatch the order as well as the records within four weeks from today to the lower Forum.;