FENNY CONSTRUCTIONS PVT LTD AND ORS Vs. MAGAN BHAI

JUDGEMENT

(1.) THIS appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act'), is directed against the order, dated 11.11.2009, passed by the District Consumer Disputes Redressal Foruml Indore in case No. 236/09,

(2.) THE respondent/complainant had tiled complaint against the Appellant No. 1 Fenny Constructions and other appellant/opposite parties, alleging that they were partners. In connection with the complaint notices were issued by the District Forum by order dated 19.2.2009 and the case was fixed on 24.3.2009. Proceedings of 24.3.2009 reveal that notices had not been issued and that direction was given for issuing them and the case was fixed on 7.5.2009. On 7.5.2009, the case was posted on 29.5.2009 for awaiting service. On 29.5.2009, it was recorded that acknowledgement was not received from any of the opposite parties and the case was posted for awaiting service on 29.6.2009. On 29.6.2009 the proceedings record that the registered A/D notice was received back with the remark that the opposite party Nos. 3, 4 and 5 had been received back with the endorsement that despite knowledge of the registered A/D letter they had not appeared to receive it. District Forum then proceeded against all the appellant opposite parties, ex parte.

(3.) THE contention of the learned Counsel for the respondent/complainant is that the notice having been refused by respondent No. 2 would be notice to all the respondents, as they were partners of the firm. Learned Counsel for the appellants submits that Fenny Constructions is a Private Limited Company, of which appellant No. 2 is Director and appellants 3, 4 and 5 have nothing to do with the said Company, therefore, to draw a negative assumption that because there has been refusal by appellant No. 2 -Mahendra Jain, it would be notice to all the five appellant/opposite parties, cannot be accepted.