PER MR.JUSTICE A.P.BHANGALE, HON’BLE PRESIDENT.

1.      Heard the appellants’ advocate and also heard Gajanan Dhanu Rathod, respondent. The grievance of the appellant is that there was a bailiff’s report to the learned Forum. Report is on the ground that when he went to serve notice, he found that the official President, Secretary and Manager of the Maharashtra Rajya Vidyut Mandal, Chaturtha Shreni Vidyut Karmachari Sahakari Patha Sanstha Maryadit were absent. On that assumption he made a report that they were avoiding summons. On the basis of such bailiff’s report, the learned Forum decided to proceed ex-parte against the opposite party Nos.1 to 3 relying on the said bailiff’s report which is drawn to our attention. There is reason to believe that there was no proper service upon the opposite party Nos.1 to 3/appellants herein. Opposite party deserved to be heard inrespect of the consumer dispute raised by the complainant. As the learned Forum, in our view could not have proceeded on the basis of such vague bailiff’s report so as to proceed ex-parte against the opposite parties/appellants herein. We therefore set aside the impugned judgment and award and direct parties to attend before the learned District Consumer Disputes Redressal Forum of Akola, on 03/05/2019. We direct the learned Forum to hear the parties, give them opportunity of full hearing and to then decide the complaint on merit as per law, as early as possible. Appeal allowed accordingly. No order as to costs.