Court clarified the procedural rights of a party in ex parte scenarios under Consumer Protection Act, emphasizing participation rights without needing to set aside previous orders.

1. The original complaint 160 of 2021 is filed by the complainant, a customer of the opposite party Canara Bank, who has taken an education loan from the bank. During the proceedings of the complaint order dated 5. 4.2022 were passed in the following manner:
"Called out. Complainant is present. None is present for opposite party. This complaint is proceeded ex - party against the opposite party. Fixing 28.6.2022 for ex parte evidence".

2. The opposite party Canara Bank moved an application dated 28.6.2022 for setting aside order dated 5.4.2022, but the District Consumer Commission not only refused to set aside ex parte order but also closed the opportunity of filing written - statement on behalf of the opposite party on the ground that since no written - statement has been filed by the opposite party even after 45 days has been passed after the notice for appearance of the opposite party was sent to them. Being aggrieved from the impugned order, the opposite party filed this revision petition.

3. It is contended in the revision petition that the complainant was directed by the Court to provide complete sets or documents including a copy of the complaint vide ordered dated 5.10.2021 by fixing 5.1.2022 for filing of written - statement but the complainant did not supply the requisite papers. The District Consumer Commission passed an illegal, arbitrary and unreasonable order on these grounds this revision petition has been filed.

4. We have heard the learned Counsel for the revisionist and perused all the relevant documents on record. On this basis our findings on the revision petition are following:
For this revision these two core issues emerge for consideration of this bench -
1. Whether the Consumer Court or any other code for that matter has an authority to restrain any party to the complaint for taking part in further proceedings after passing of such an ex party order.
2. What is the point of time in the proceeding of the complaint of Consumer Protection Act after 45 days of which, written statement of the opposite party cannot be admitted as per the statute regarding the first point it has to be seen that in , 2019 power to proceed ex parte has been given when the opposite party is absent, as given in S.38 in the following manner -
38(3)(b) (b) if the opposite party, on receipt of a copy of the complaint, referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the District Commission, it shall proceed to settle the consumer dispute -
3.  xxxx xxxx xxxx
4. (ii) ex parte on the basis of evidence brought to its notice by the complainant, where the opposite party omits or fails to take any action to represent his case within the time given by the Commission.

5. Thus S.38(3)(b) of Act, 2019 provides that the District Consumer Forum (Commission now) shall proceed to settle the consumer dispute ex parte on the basis of evidence brought to its notice by the complainant where the opposite party omits or fails to take any action to represent his case within the time given by the Forum. It provides the procedure when the opposite party despite receiving the information of the complaint, fails to take any action to represent his case before the District Consumer Commission the Act authorises the District Consumer Commission to settle the consumer dispute ex parte.

6. There is no iota of doubt that in this case, the learned District Consumer Commission has rightly proceeded - parte through its impugned order dated 5.4.2022 but this is pertinent to note that it