Mr. S.S. Sandhawalia, President—Whether the spirit (though not the letter) and the rationale behind 9 Rules 8 and 9 of the Civil Procedure Code is attracted in analogous situations in consumer disputes is the solitary though significant threshhold question in this case.

2. The relevant facts to the aforesaid issue may be noticed with brevity. The present complaint seeks a monetary relief to the tune of Rs. 1,17,00/- odd against the three opposite parties. On the complainant’s own showing the cause of action arose to him in the month of July, 1991 and he preferred the earlier complaint No. 14 of 1991 before this Commission on the 25th of July, 1991. Notice was issued to the opposite parties in the said complaint and they duly entered appearance. The complainant, however in the said complaint chose to not put in appearance on a number of occasions and ultimately this Commission by its detailed speaking order dismissed the complaint in default under Rule 4 (8). It is expressly noticed that on earlier occasions also the opposite parties had come present and on the date of the order also they were represented by Mr. Ram Chander, Advocate. Observing that the complainant was not serio