Tribunals and Commissions(2002) 07 NCDRC CK 0070

AJAY KUMAR vs Om Prakash Sharma

National Consumer Disputes Redressal Commission · Decided on 5 July 2002 · Citation: 2003 1 CPJ 635 : 2003 2 CLT 323

HON’BLE JUDGES
K.C.Bhargava , D.D.Bahuguna , Rachna J.
RESULT
Revision partly allowed

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Judgment

3 paragraphs · 307 words
1.

THIS revision has been filed against the order dated 4.3.2002 passed by District Consumer Forum-II, Bareilly in Complaint Case No. 131/1992.

2.

IT is not necessary to mention the details of the case as they will be clear from the arguments of the learned Counsel. The learned Counsel for the revisionist has argued that the complaint was filed in the year 1992 and the applicant was made a party in the year 2000. The applicant had moved an application for setting aside the ex parte order passed by the Forum. The complainant did not oppose the application for setting aside the ex parte orders. The learned District Forum while allowing the application imposed a cost of Rs. 500/-. According to the learned Counsel this amount of Rs. 500/- could not have been imposed as there was no opposition from the side of the complainant. We have gone through the records which have been filed along with the revision. Keeping in view the facts of the case that the application for setting aside the ex parte order was not opposed by the complainant, the learned District Forum should not have imposed the cost of Rs. 500/-. The order of the learned District Forum imposing a cost of Rs. 500/- and granting only 10 days to the applicant for filing of written statement is liable to be set aside. ORDER

The revision is partly allowed to the extent that the cost of Rs. 500/- imposed by the Forum is struck off and the applicant is allowed to file written statement before the District Forum by 20th August, 2002. The parties shall appear before the Forum concerned on 20th August. Let copy as per rules be made available to the parties. Let a copy of this judgment be sent to the learned District Forum concerned also. Revision partly allowed.