Mr. S.P. Saberwal, Member—By this order we shall dispose of application dated 26.7.1995 filed by respondent (hereinafter referred to as the applicant).

2. In the said application, it is stated that applicant came later on 26.7.1995 due to traffic jam and his car was punctured and that his case was called and he was proceeded ex-parte. That non-appearance of applicant and his Counsel at the time, this case was called, was neither malafide nor intentional but the absence was only due to the above reasons. It is, therefore, prayed that order dated 26.7.1995 proceeding ex-parte against the applicant/respondent in this appeal be set aside in the interest of justice.

3. This application has been contested by the appellant by filing reply. In reply, it is stated that there is no provision in the Consumer Protection Act, 1986 (hereinafter referred to as the Act) to grant the relief prayed for by the applicant and as such this application is liable to be dismissed. On merits, it is stated that a concocted story has been written just to create ground for setting aside the order of this Commission dated 26.7.1995 whereby respondent/applicant was proceeded ex-parte in the present appeal.

4.