R EZHILARASAN Vs. M SURESH KUMAR

JUDGEMENT

(1.) This appeal arises out of C. O. P. No.210/2002 on the file of the District Consumer Disputes Redressal Forum, Madurai complaining of deficiency in service on the part of the opposite parties in the construction of a building for the complainant.

(2.) The opposite parties were set ex parte and a final order came to be passed on 2.12.2002. It is seen that so far as the opposite party-2 was concerned he had refused to receive the Court summons and he was set ex parte. So far opposite party-1 was concerned the cover sent to him was returned and thereafter publication was effected in Malai Murasu and service was held to be complete and he was also set ex parte and final orders passed against both the opposite parties.

(3.) It is seen from the records that the District Forum held on 30.10.2002 that opposite party-1 has been served. Thereafter on 2.12.2002 final orders came to be passed against both the opposite parties. We are not going into the merits of the case. As could be seen from the above details the District Forum had not granted time to either of the opposite parties to file their version. It has been held by the National Commission in M/s. Signet Corporation V/s. Commissioner, M. C. D. , New Delhi and Ors. , III (1997) CPJ 6 (NC)=1997 (2) CPR 179, that under the provisions of Sec.13 (1) (a) of the, it is mandatory on the part of the Consumer Forum before which a complaint is instituted to refer a copy of complaint to opposite party calling upon him to give his version within 30 days or such extended period not exceeding 15 days.