Mr. Justice M.S. Rane, President—Appellant is Original O.P. No. 1 in the Complaint and has challenged the Order dated 15.10.1999, whereby the Forum has ordered to pay a sum of Rs. 1,68,922/- being the loss of cargo entrusted by the complainant/respondent herein for transportation, which O.P. No. 1 did not deliver.

(For brevity’s sake appellant herein after are referred to as O.P. No. 1 and respondent No. 1 as ‘Complainant’.)

2. It is noticed that the complainant entrusted consignment of 179 packages containing military goods belonging to Canteen Stores Department, under its goods consignment Note dated 4.8.1998 at Mumbai, destination being Banglore. The Lorry receipt issued was also relied upon.

3. As there was short delivery, the complainant lodged the claim.

4. It is noticed that O.Ps. after filing of the complaint, were duly processed and served by the District Forum. However, there was no response either by filing appearance or Written Statement.

5. The order impugned in this appeal mentions thereafter O.P. No. 1 was reminded on number of occasions.

6. Eventually, the matter was ordered to proceed ex parte and ex parte decree came to be passed which is impugned in this appeal.

7.