R. EZHILARASAN vs M. SURESH KUMAR

THIS appeal arises out of C.O.P. No. 210/2002 on the file of the District Consumer Disputes Redressal Forum, Madurai complaining of deficiency in service on the part of the opposite parties in the construction of a building for the complainant.

THE opposite parties were set ex parte and a final order came to be passed on 2.12.2002. It is seen that so far as the opposite party-2 was concerned he had refused to receive the Court summons and he was set ex parte. So far opposite party-1 was concerned the cover sent to him was returned and thereafter publication was effected in Malai Murasu and service was held to be complete and he was also set ex parte and final orders passed against both the opposite parties. It is seen from the records that the District Forum held on 30.10.2002 that opposite party-1 has been served. Thereafter on 2.12.2002 final orders came to be passed against both the opposite parties. We are not going into the merits of the case. As could be seen from the above details the District Forum had not granted time to either of the opposite parties to file their version. It has been held by the National Commission in M/s. Signet Corporation v. Commissioner, M.C.D., New Delhi & Ors., III (1997) CPJ 6 (NC)=1997 (2) CPR 179, that under the provisions of Section 13(1)(a) of the , it is mandatory on the part of the Consumer Forum before which a complaint is instituted to refer a copy of complaint to opposite party calling upon him to give his version within 30 days or such extended period not exceeding 15 days.

In the present case, the procedure adopted by the District Forum in disposing of the case ex parte on 2.12.2002 was in clear contravention of the mandatory provisions contained in Section 13(1)(a) of the Act. In that view of the matter, the order of the District Forum cannot be sustained. The District Forum ought to have followed the mandatory provisions of the Act before setting the opposite parties ex parte and passing the final order.

IN view of that, we allow the appeal; set aside the order of the District Forum and the matter is remitted back to the District Forum for disposal afresh. We have not expressed our opinion on the merits of the case and remit the matter for consideration afresh by the District Forum. The parties shall report to the District Forum on 2.5.2006. The District Forum shall grant the opposite parties two weeks'' time thereafter to file their versions. The District Forum shall dispose of the main O.P. strictly within a period of 8 weeks from the date of filing of the version by the opposite parties. It is brought to our notice that opposite party-1 who is the appellant in the appeal has deposited Rs. 75,000 before the District Forum and this amount the opposite party-1 is entitled to withdraw. No costs. Appeal allowed.