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Judgment
THIS appeal has been filed by the opposite party (O.P.) against the ex-parte order of the District Forum dated 11th April, 1994 by which they have been directed to replace the air conditioner, or refund Rs. 16,531/- the cost of the air conditioner and pay interest @ 18% p.a. on Rs. 16,531/- w.e.f. 26th March, 90 till the date of replacement or refund of the price.
THE learned Counsel for the appellant wants to challenge the judgment on merits. No one appeared on behalf of the appellant before the District Forum and consequently, ex-parte proceedings were taken against them. It is well settled that the O.P. cannot be allowed to challenge the orders of the lower Courts in appeals on the questions of fact if they have been proceeded against ex-parte. Consequently, the appeal is liable to be dismissed on this short ground. For the aforesaid reasons, we dismiss the appeal subject to the observations that the complainant may file an application for setting aside the ex-parte order before the District Forum, if so advised. No order as to costs. Appeal dismissed.