BAJAJ AUTO FINANCE LIMITED Vs. PAWAN KUMAR

JUDGEMENT

(1.) HEARD at admission stage. Delay of 146 days is condoned taking into consideration that the impugned order dated 25.7.2008 was passed by the District Forum, Alwar exparte against the appellant on some terms and conditions.

(2.) THIS appeal has been filed by the appellant which was op No. 1 before the District Forum, Alwar against the ex parte order dated 25.7.08 passed by the District Forum, Alwar in complaint case No. 357/08, by which the complaint of the complainant respondent No. 1 was allowed ex parte against the apppellant as well as respondent No. 2 which was OP No. 2 before the District Forum, Alwar in the manner that the appellant as well as respondent No. 2 both were directed to produce a statement of the deposit made by the complainant respondent No. 1 and if any amount still remains due,for that the complainant res.no.1 be made satisfied and thereafter the registration certificate and NOC be issued in favour of the complainant respondent No. 1.

(3.) IT has been submitted by the learned Counsel appearing for the appellant that the impugned order was passed ex parte and since it affected the rights of the appellant, therefore, before passing such order, opportunity to put thier case should have been given to the appellant by the District Forum. Hence it was prayed that in the interest of justice, an opportunity to put their case may be given to the appellant and the matter may be remanded back to the District Forum after setting aside the impugned order with the directions to decide the same afresh in accordance with law after hearing both the parties.