Consumer Protection Forum has got the power to decide a complaint exparte under the Rules, it automatically implies that it has got power to set aside an ex parte order -

💢Consumer Protection Act, 1986  (68 of 1986) -  Complaint filed before the District Consumer Forum - Dismissed in default - The Hon'ble Supreme Court clearly held in Rajeev Hitendra Pathak & Others v. Achyut Kashinath Karekar held  that the Consumer Courts have inherent powers to restore the complaints dismissed for default - In fact, the Hon'ble Supreme Court has set aside the order and direct the National Commission to dispose of the Original de novo as expeditiously as possible - When the Consumer Protection Forum has got the power to decide a complaint exparte under the Rules, it automatically implies that it has got power to set aside an ex parte order - The District Consumer Forum and the State Consumer Forum have got powers to entertain the applications to set aside exparte orders and decide the same on merits - It is also my view that there is no express provision in the Act or the Rules framed thereunder giving the Forum jurisdiction to do so, it is well known rule of statutory construction that the Forum should be considered to be endowed with such ancillary or incidental powers as are necessary to discharge its functions for the purpose of rendering justice between the parties.
(2016) PLR IMPORTANT JUDGEMENTS 552

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