B.NAGARAJ Vs. GREEN EARTH BIOTECHNOLOGIES LIMITED

JUDGEMENT

(1.) The revision petitioner is the complainant in C.O.P.No.33 of 2008, on the file of the District Consumer Disputes Redressal Forum, Dharmapuri at Krishnagiri, since he did not appeared before the Forum on 06.06.2008 and the same was dismissed for default. Against which, the present petition has filed in I.A. unnumbered application S.R.No.369 of 2008 in C.O.P.No.33 of 2008, on the file of the District Consumer Disputes Redressal Forum, Dharmapuri at Krishnagiri to restore the C.O.P.No.33 of 2008 on file, which was dismissed for default on 06.06.2008.

(2.) But the District Consumer Disputes Redressal Forum, Dharmapuri at Krishnagiri has returned the unnumbered application stating that there is no power vested with the Forum to set aside the ex parte order under the Consumer Protection Act and aggrieved by the said order, the revision petitioner has filed the present civil revision petition before this Court.

(3.) The case of the petitioner is that though he has filed the complaint in C.C.No.33 of 2008 before the District Consumer Redressal Forum at Krishnagiri stating that the complainant is an Agriculturist. The complainant had purchased the banana plantain seedlings from opposite party in Numbers 3,500 at the rate of Rs.11/- per seedling and that the total cost paid is Rs.38,500/- and the complainant having the bill-cum-product delivery gate pass for the purchases.