KATARIA TOUR AND TRAVELS Vs. PAWAN KUMAR

JUDGEMENT

(1.) Heard. THIS appeal is barred by limitation by 27 days. The explanation offered by the appellant for this delay is that summons were not served upon him and that he came to know of the impugned order on 1.12.2003 only. In support of such explanation Sh. Anil Kumar has filed his affidavit. There is no counter affidavit in rebuttal. Ground for condonation of delay sufficient. The delay is condoned and the application is allowed.

(2.) On merits of the case it was pointed out by the learned Counsel for the appellant that although the respondent had filed his complaint against him with the allegations that he had hired the services of the appellant for transportation of consignment from Delhi to Sriganganagar, but no LR/gr in support of such allegation was filed by him. It was further submitted that since no summon was ever served upon him he could not appear and produce his version before the Forum.

(3.) It was brought to our notice that in compliance of our order dated 20.1.2004, the appellant has already deposited the decretal amount with the Forum.