ORDER IN RA/2/2024

PER HON. SHRI SAMEER S. KAMBLE, MEMBER

1.                     The Opposite Party has filed the present application seeking review of order dated 04/01/2024.  On 04/01/2024 Complainant submitted affidavit of service and  thereby submitted that notices were served upon Opposite Party on 11/11/2022, however the Opposite Party is absent and failed to file its written statement, therefore an ex-parte order was passed against Opposite Party. 

2.                     Being aggrieved by said order Opposite Party filed present application under Section 40 of Consumer Protection Act, 2019 for review of said order. Notices were dispatched by Registered Post.  Opposite Party submits that the Complainant is residing in Kandivali filed the Consumer Complaint on 27/08/2022.  Complaint was admitted  on 28/09/2022 and Complainant’s Advocate dispatched notice by Register Post issued by this Commission on 10/11/2022.  Complainant’s Advocate claimed that post packet was served at Kandivali (West) address on 11/01/2022.  Based on affidavit of service of Complainant this Commission passed impugned order on 04/01/2024.

3.                     Complaint and papers and proceedings were neither served at Registered Office  nor at Corporate Office or any branch office of applicant / Opposite Party.

4.                     Complainant in reply submitted that inadvertently Complainant has  sent notices to Complainant himself at the address Kandivali (west) and that the notices were served on Complainant i.e. Roopesh Kumar at Kandivali (west) address, therefore the defect in service of notice  lies on the part of the Complainant.

FINDINGS – Heard both parties, perused review application and complaint no. 418/2022, it reveals that postal receipt shows addressee name as Roopesh Kumar address Kandivali (west) and that report shows it is delivered on the addressee.

                        Considering postal receipt & track report it transpired that error has crept at the time of writing  addressee name on envelope and therefore in the interest of justice we pass the following order pursuant to the powers vested on this Commission under Section 43 (1) (2) (b)

                                                                             ORDER

1.         Review Application no. 2/2024 is allowed.

2.         Order dated 04/01/2024 passed against Opposite Party for proceeding ex-parte against the Opposite Party is hereby quashed and set aside.