In a case the OP did not seek to file Written version, challenged jurisdiction - which was upheld by National Commission, there are two orders making the case ex-parte - both well reasoned orders by the State Commission where the case is filed. Evidence as well as witness evidences have been filed 2 1/2 years ago. Matter posted for final hearing. The OP moves the NC on flimsy grounds, suppressing the fact that matter has reached final hearing stage and evidences already filed by the complainant, and seeks relief in way of being allowed to file their written version. The appeal was filed in NC on 11th August, taken up on board on 24th August, and issue notice with litigation cost of 10,000/- to complainant, and posted for hearing on 31st August! The dasti notice was received by a family member of the complainant on 27th evening, which was noted as such in the acknowledgment. The NC issued notice was recieved by the complainant on 31st August or 1st September. Due to such acute shortage of notice period, and being a lady, complainant was unable to attend the hearing on 31st August. Order of ex-parte was set aside by NC and OP was permitted to file WS within 30 days and pay a meagre 25000/- to legal aid of NC. No compensation for the setback suffered by the Complainant. This Order was recieved on 21st September from the NC.
Should the NC not be bound to provide reasonable notice to the other side, especialy when they have to travel from Mumbi to Delhi for the hearing? Is this not a gross violation of "Audi Alteram Partem"?
What would you advise to be done? Complaint to the NC regarding short-shrifting the Complainant like this and hold an inquiry as well as recall the order? Please guide.
thanks and regards,
B.M.
