(1.) The complainant is the appellant.
(2.) The facts leading to filing of the appeal as represented by the appellant are that the complainant deposited a sum of Rs.7,200/- in 30 monthly instalments. On 1.3.2000 the deposit was matured and the maturity value of Rs.15,000/- was to be paid by the respondents which inspite of several efforts putforth by the appellant could not realized. The appellant has got issued notice dated 7.1.2009 through his advocate and thereafter filed the complaint before the District Forum on 9.2.2009.
(3.) The District Forum has dismissed the complaint for non-prosecution and feeling aggrieved by the order of the District Forum, the appellant has filed the appeal contending that the counsel for the appellant was engaged in another court on 10.6.2009 and on the same date the complaint was called and dismissed for default. It is contended that the District forum has not considered the documents which would establish the deficiency in service on the part of the opposite parties. The District Forum has dismissed the complaint instead of directing for issuing fresh notice to the opposite parties as the notice sent earlier was returned with an endorsement that the appellants left the place.