GAUTAM AUTO Vs. KIRAN PRABHA

JUDGEMENT

(1.) This is an application for setting aside ex-parte order dated 2.5.94 passed by this Commission in Appeal No. A-340/93. The brief relevant facts are that Smt. Kiran Prabha, complainant for short, instituted a complaint in District Forum against M/s. Bajaj Auto Ltd. , for short the manufacturer, New United Motors, the dealer, who was later on succeeded by M/s. Gautam Auto, a partnership concern as opposite party 2 and Registering Authority (Directorate of Transport) as opposite party 3. In brief, her case was that she purchased a Bajaj scooter from the dealer on 16.10.89. In the registration book issued by opposite party 3 and given to the complainant through the dealer the engine number and chassis number were wrongly mentioned and inspite of the fact that she had been making complaints and sending reminders, necessary action to rectify the mistake was not being taken. Ultimately, having failed to get any redress, the complainant instituted a complaint against the dealer, manufacturer and the Registering Authority. The District Forum disposed of the complaint by its order dated 14.5.93 directing the opposite parties No.1 to 3 jointly and severally to pay Rs.5,000/- as compensation to the complainant. Opposite party 3, Registering Authority, failed to enter appearance and was proceeded ex-parte in the District Forum.

(2.) Aggrieved by the order, opposite parties No.1 and 2 preferred Appeal No.599/95. Again no appearance was entered on behalf of Registering Authority.

(3.) The appeal was partly accepted. The appellants, opposite parties 1 and 2 before the District Forum, were absolved of their liability and the Registering Authority was held liable to pay the aforesaid amount. The present application for setting aside the said ex-parte order was filed on 28.11.95. It was stated that no notice with. regard to the complaint filed in the District Forum or the appeal filed before this Commission had ever been served on the applicant. It was further stated that in fact, there existed no Registering Authority, under the Directorate of Transport and the address given in the District Forum as well as the appeal was insufficient to locate the office of Motor Licensing Officer, West Zone, Directorate of Transport, Government of NCT, Road No.17, Block B, Community Centre, Janakpuri, New Delhi which was the correct address. The applicant acquired knowledge about the proceedings and the order only when notice u/section 27 was served on the Secretary, Department of Transport. Thereafter, the present application was moved.