SAVANI TRANSPORT LTD Vs. KALKA ROADLINES

JUDGEMENT

(1.) Matter is listed on our today's Board in the caption of final hearing. O. Ps. have been duly served with the process of this Commission along with copies of the complaint as required under Sec.13 of Consumer Protection Act, 1986 . However, they have not responded to the process either by filing appearance or written statement.

(2.) Matter was before us earlier on 14th November, 2003 and the position about the service of the process upon the O. Ps. has been recorded as under: "14.11.2003. Mr. J. P. Singh, Advocate for the complainant. None for the O. Ps. It is stated that O. P. Nos.2 and 3 are served through Post and postal acknowledgement receipts bearing signatures of O. P. Nos.2 and 3 evidencing the services are shown to us. However, no response either by appearance or written statement on their behalf. We, therefore, order that matter to proceed ex parte as far as O. P. Nos.2 and 3 are concerned. As far as O. P. No.1 is concerned, it is stated service could not be effected since process transmitted through post returned unserved. Leave is granted to the complainant to effect a fresh service upon O. P. No.1 and for that purpose appropriate direction to be obtained from the Registrar of this Commission. Service formalities be completed within 6 weeks from today. Matter to be placed before us for directions on 9th January, 2004.

(3.) The postal acknowledgements of registered acknowledgement due as far as O. P. Nos.2 and 3 are concerned have been filed marked as Exhibits A1 and A2. Both receipts bear acknowledgement of the respective addressees.