MUKAT HOSPITAL AND HEART INSTITUTE Vs. BRIJ LAL

JUDGEMENT

(1.) The sole contention in this appeal is about the denial of opportunity of hearing allowed by the District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh (for short hereinafter referred to as the District Forum) to the appellant.

(2.) In the complaint filed by the respondent/complainant, notice was issued to the appellant-Mukat Hospital and Heart Institute. The notice was served and appearance was put in on the date fixed by Mr. Kamaljit Singh Walia, Advocate. The appellant/o. P. was allowed time to file written statement for which the date was fixed as 24.3.2003. On 24.3.2003, the learned Counsel for the appellant Mr. Kamaljit Singh Walia, Advocate could not appear due to his illness and the complaint was proceeded ex parte against the appellant/o. P. and a date for ex parte evidence was fixed as 4.6.2003. The ex parte evidence of the complainant was received on the aforesaid date and the complaint case was listed for hearing arguments for 5.9.2003 and the complaint case was decided in favour of the respondent/complainant ex parte.

(3.) Notice of appeal was issued to the respondent/complainant who put in appearance through his Counsel Mr. B. P. Gupta, Advocate. We have summoned and received the record of the complaint case and heard learned Counsel for the appellant as well as the learned Counsel for the respondent.