Ramesh Chand Chourasiya vs WAZID ALI

THIS revision petition has been filed by the petitioner/complainant against the impugned order dated 6.3.2012 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur (Circuit Bench at Kota) (in short, ''the State Commission '') in Appeal No. 53 of 2011 - Wazid Ali Vs. Ramesh Chand Chourasiya by which, while allowing appeal, ex-parte judgment passed by the District Forum was set aside and parties were directed to appear before District Forum.

BRIEF facts of the case are that petitioner/complainant entered into an agreement with OP/respondent for construction of a house and paid Rs.3,61,000/-, whereas only Rs.2,10,000/- were spent in construction. Alleging deficiency on the part of respondent, petitioner filed complaint before the District Forum on 14.8.2008. Learned District Forum proceeded ex-parte against OP vide order dated 30.8.2010 and ex-parte judgment was passed on 1.2.2011. Application filed by the OP for setting aside ex-parte decree was dismissed by District Forum vide order dated 1.2.2011. OP filed appeal against ex-parte judgment of District Forum before learned State Commission and learned State Commission vide impugned order set aside the ex-parte judgment and remanded the matter back to the District Forum against which, this revision petition has been filed. Heard learned Counsel for the petitioner at admission stage and perused record.

LEARNED Counsel for the petitioner submitted that learned State Commission has committed error in setting aside ex-parte judgment passed by learned District Forum; hence, revision petition be admitted.

PERUSAL of impugned order reveals that notice of complaint to OP was not sent by District Forum, but was sent by complainant himself, which was not in accordance with law and in such circumstances, learned State Commission has not committed any error in setting aside ex-parte judgment. We do not find any infirmity, illegality or jurisdictional error in the impugned order and revision petition is liable to be dismissed at admission stage. Consequently, revision petition filed by the petitioner is dismissed at admission stage with no order as to costs.