Koshy, Ag. C.J.

Against the appellant-Writ petitioner, a complaint was filed before the District Consumer Redressal Forum, Kollam by the first respondent alleging manufacturing defect in the paper bag manufacturing machine supplied by the appellant. According to the first respondent, after spending an amount of Rs.15 lakhs the above machine was installed and it was found that there was manufacturing defect. When the case was posted for filing version of the appellant, appellant got an adjournment and on the next posting date, as he was absent, an ex parte decision on merits was taken by the Consumer Disputes Redressal Forum directing him to pay Rs.7,35,000/- with 9% interest from the date of the order. In addition to that, Rs.10,000/- as compensation and Rs.1,000/- as cost, were also ordered by Ext.P2 order. Though the appellant filed a petition under Order IX Rule 13 of the Code of Civil Procedure to set aside the exparte order, it was rejected by the forum. The above petition was rejected with the following endorsement:

“As the final order of the O.P. stands pronounced (dated 29/7/2005) duly, the forum cannot entertain this petition”.

Against the rejection of the petit