Per Shri P.B. Joshi, Hon’ble Judicial Member

          This appeal is preferred against the order dated 27/08/2013 passed by Addl. District Forum, Pune in consumer complaint No.81/2012 dismissing the complaint in default, present appeal has been preferred by the complainant. 

2.       Learned Advocate for the appellant has submitted that complainant was out of station and hence, he could not attend the hearing of the matter.  His Advocate was suffering from viral infection and hence, could not attend hearing of the matter.  Learned Advocate for the appellant has submitted that because of these reasons, it is necessary to set aside the order of dismissal of complaint for default.

3.       It is material to note that respondent did not appear in this appeal even after service of notice.  It shows that respondent is not opposing the prayer of the appellant.  It is always desirable to decide the matter on merit instead of disposing of the matter on one or other ground without considering the merit.  Hence, we find it proper to allow the appeal and remand the matter for deciding afresh on merit.  Hence, we pass the following order :-

                             -: ORDER :-

1.Appeal is allowed.  The impugned order dated 27/08/2013 is quashed and set aside.  Complaint is remanded back to the District Forum for hearing afresh after giving opportunity to both parties to lead evidence and argue the matter. 

2.Appellant to appear before the District Forum on 23/02/2015.

3.In the circumstances, parties to bear their own costs.

4.Copies of the order be furnished to the parties as also to District Forum.

Pronounced

Dated 19^th January 2015.