Sri Shyamal Gupta, Member

Challenging the ex parte order passed by the Ld. District Forum, as above, this Appeal is filed by M/s L & T Finance Ltd.

The short case of the Appellant is that the Ld. District Forum proceeded with the case without being satisfied with the service of summons upon it.  It is further submitted that the impugned order is also bad inasmuch as no part of the said order reflects that service was properly effected upon the Appellant.  Accordingly, it prayed for setting aside the order impugned.

It appears from the postal AD Card that service was duly effected upon the Respondent No. 2.  However, as it chose not to defend its case before us, the Appeal was heard ex parte against it. 

We heard the submission of other parties, i.e., the Appellant and Respondent No. 1.

It appears from the Order No. 5, passed in the instant complaint case that since SR was not received by it even after the lapse of considerable period of time, assuming it as due service, the Ld. District Forum proceeded with the case.

We afraid, this is not tenable.  Until and unless there is crystal clear evidence of delivery of notice upon all the concerned parties, on the basis of simple surmises and conjecture, a Court of Law cannot proceed with the case further.  If that requires issuance of notice for the second time, so be it.

In view of this, we are constrained to set aside the impugned order.  The Appeal is allowed in part.  Parties are directed to appear before the Ld. District Forum on 24-10-2019 for fresh adjudication of the matter.