B PUGAZHENTHI Vs. M KUPPUSAMY

JUDGEMENT

(1.) This appeal is by the opposite party in the opposite party. The District Forum has passed an order directing the opposite party to correct the deficiencies alleged by the complainant in the building constructed by the opposite party under Builder's Agreement and also for payment of a sum of Rs.10,000/- towards compensation with a cost of Rs.500/-. It appears in the District Forum the opposite party were set ex-parte and the decree was passed. Against this order this appeal has been filed.

(2.) Now in the appeal it is only contended that it was an ex-parte order and because there was no notice the opposite party could not be present during the hearing. No other legal plea has been taken. Now the learned Counsel for the respondent (complainant) tells us that as regards the defects alleged, since the opposite parties have not rectified the defects inspite of the order against them, the complainant himself has rectified with his own funds and now he has taken possession also and so far as there reliefs are concerned he is not pressing. The remaining reliefs granted in the decree is for payment of Rs.10,000/- as damages and also for costs of Rs.500/-. When the ex-parte decree has been passed against the opposite party they ought to have filed a petition before the District Forum for setting aside the ex-parte decree stating the reasons for their inability to be present in the Court. That has not been done. Now in the appeal nothing can be heard on merits. Perhaps the petition for setting aside the ex-parte decree has not been filed because of the reason that there is no specific provision in the Consumer Protection Act for that. Now, we in A. P.581 / 95 have passed an order holding that such a petition can be filed. In view of this the appellants can file a petition for setting aside the ex-parte decree before the District Forum if they are so advised. As regards the time in filing such petition the District Forum will consider the time taken for prosecuting this appeal.

(3.) In this view of the matter the appeal is dismissed. There will be no order as to costs.