1.         Heard the learned counsel for the appellant.

2.         In this First Appeal No.280 of 2018 filed against the impugned interim order dated 28-08-2017 passed by Haryana State Consumer Disputes Redressal Commission (hereinafter referred as ‘the State Commission’) in Consumer Complaint No.120 of 2017 vide  which the appellant/opposite party (OP) has been ordered to be proceeded against ex parte. The said order states as follows:

            “C.C.No.120 of 2017

            Present:         Mr. R.C. Sharma, Advocate for the complainant.

                                    None for opposite party.

                        As per report of office, notice was issued on 19.07.2017 to effect service upon opposite party, but, the same was not received back. More than one month has passed. It appears that opposite party has come to know about pendency of present complaint. There is no necessity to issue fresh notice to opposite party. So, the opposite party is proceeded against ex parte.

                        Adjourned to 18.09.2017 for evidence on behalf of complainant.”

3.         The learned counsel for the appellant stated that the correct address of the appellant was 87, Sector-7, Panchkula whereas notice had been sent to them at their previous address i.e. SCO-283, Sector 20, Panchkula. The learned counsel stated that they had issued public advertisements in the newspapers saying that they had shifted from their previous address to the new address as mentioned above. Moreover, the notice sent for their service had not been received back as mentioned in the impugned interim order.

4.         A simple perusal of the impugned interim order passed by the State Commission reveals that the said Commission simply relied upon their own presumption that the OP had come to know about the pendency of the present complaint. There is nothing on record to show that notice was ever received by the appellant/OP. Moreover, it has been made clear by the appellant/OP that their address had already been changed from their previous address.

5.         In view of this position, the present appeal is allowed and the order dated 28-08-2017 is set aside. The appellant has been directed to appear before the State Commission on 15-03-2018, the date already fixed by that Commission for further hearing.

6.         The State Commission is directed to allow the appellant/OP to join the proceedings and also permit them to file their written version within 30 days of their appearance before the State Commission and making available to them a copy of the paper book.