COMPETENT MOTORS (NOW CLASSIC MOTORS) vs S.S.BANSAL

AFTER hearing both sides we are of opinion that since the District Forum had gone fully into the merits of the application for setting aside the ex-parte order and had allowed the said application after having been satisfied that the interest of justice required that, an opportunity should be given to the Respondents namely, the Classic Motors to file their objection and contest the case on the merits, there was no justification, on the facts and circumstances of this case, for the State Commission to interfere with the said order passed by the District Forum. We, accordingly, hold that the order of the State Commission is clearly vitiated by an error of jurisdiction.

ACCORDINGLY we set aside the order of the State Commission and restore the order passed by the District Forum. We, however, consider that, having regard to the facts and circumstances of the case, the petitioner should be directed to pay a sum of Rs. 1,500/- by way of costs to the respondent. This amount shall be deposited before the District Forum No. I, Delhi, within a period of three weeks from today. On such deposit being made, it will be permitted to be withdrawn by the Respondent herein, namely, Mr. S.S. Bansal. In case, any default is committed by the Revision Petitioner in the payment of costs as specified above, the order passed by the State Commission will stand confirmed. The Revision Petition is disposed of as above.