L M Premier vs J Suresh S/O Jaganatah Rao

BOTH these revision petitions arise out of single order of State Commission, hence, decided by common order.

THESE revision petitions have been filed by the Petitioner against the order dated 2.6.2011 passed by Learned State Commission in Appeal No. 4776 of 2010 and 560 of 2011 - M/s. Premier Ltd. VS. J. Suresh and Anr. and M/s. L.M. Premier VS. Sri J. Suresh and Anr.; by which while dismissing appeal, order of the District Forum allowing complaint was upheld against which these revision petitions have been filed.

BRIEF facts of the case are that complainant/respondent filed complaint before District Forum and Learned District Forum vide order dated 14.9.2010 issued notice to opposite parties/ petitioners for 30.9.2010. As none appeared for opposite parties in spite of service, Learned District Forum proceeded exparte against opposite parties on 30.9.2010 and case was adjourned to 5.10.010 for filing affidavit evidence and vide order dated 13.10.2010, complaint was allowed. Appeals filed by both the opposite parties were dismissed by Learned State Commission vide impugned order against which these revision petitions have been filed. Heard Learned Counsel for the parties and perused record.

LEARNED Counsel for Petitioner submitted that Learned District Forum proceeded exparte against the petitioner without requisite notice of 30 days and allowed complaint without giving proper opportunity to the petitioners and Learned State Commission further committed error in dismissing appeals, hence, revision petitions be allowed and impugned order be set aside and matter be remanded back to the District Forum. On the other hand, Learned Counsel for Respondent submitted that as Petitioners did not appear before the District Forum in spite of reasonable notice, Learned District Forum rightly proceeded exparte and allowed complaint and order passed by Learned State Commission is in accordance with law, hence, revision petitions be dismissed.

REGULATION 10 of the Consumer Protection Regulations, 2005 provides that ordinarily notice by consumer fora shall be issued for a period of 30 days and depending upon the circumstances of each case, even for less than 30 days. Admittedly, in the case in hand, notice was issued only for 15 days and no reason has been mentioned in the order sheet for giving shorter notice of 15 days only. In such circumstances, it can be held that notice issued by District Forum was not in accordance with Regulation 10 and Learned District Forum committed error in proceeding exparte against petitioners on the basis of service of 15 days notice. Learned District Forum should have given notice of atleast 30 days so that petitioners could have appeared before District Forum and contested the complaint. Learned Counsel for Respondent submitted that this point was not agitated before State Commission. It is true that petitioners should have raised this ground before the State Commission, but, as this ground is very material and legal ground, it can be raised even before this Commission. Petitioners have raised this ground in Memo of Revision Petitions and in such circumstances, as per the aforesaid discussion, revision petitions are to be allowed.

CONSEQUENT LY , revision petitions filed by the petitioners are allowed and impugned order dated 2.6.2011 passed by Learned State Commission in Appeal Nos. 4776 of 2010 and 560 of 2011 - M/s. Premier Ltd. VS. J. Suresh and Anr. and M/s. L.M. Premier VS. Sri J. Suresh and Anr.; and order of District Forum dated 13.10.2010 passed in Complaint No. 133 of 2010; is set aside and matter is remanded back to District Forum to give an opportunity to the petitioners to file written statement and evidence. Learned District Forum is directed to decide complaint within six months.

IT is, further observed that money deposited with District Forum by opposite party may be disbursed only after disposal of complaint.

PARTIES are directed to appear before District Forum on 22.1.2015 and petitioners are further directed to file written statement on that date before District Forum.