IA/6950/2016 Delay in filing the Appeal is condoned. The application stand disposed of accordingly. FIRST APPEAL Challenge in this First Appeal under Section 19 of the Consumer Protection Act, 1986 (for short the), by Opposite Parties No.1, 2, 3 and 5, namely, the hospital, its functionaries and the treating doctor, is to the order dated 11.9.2015 passed by by the State Consumer Disputes Redressal Commission, Maharashtra, Circuit Bench at Aurangabad (for short the State Commission), in Complaint No.CC/21/2015. By the impugned order, the State Commission had directed proceedings against the ex parte present Appellants on the ground that despite service of notice in the Complaint on them, nobody had appeared when the Complaint was taken up for consideration. Despite service of notice, no one has put in appearance on behalf of the Respondent/Complainant. Accordingly, we have heard learned counsel for the Appellants. Having perused the private notice dated 16.7.2015, issued by the Advocate to the Appellants, we are of the opinion that the said notice could not be treated as a valid service as per the procedure prescribed in Section 28A of the. In that view of the matter, the impugned order cannot be sustained. Consequently, the Appeal is allowed; the impugned order is set aside with a direction that if the Appellants file their respective written versions within 30 days from today, the same shall be taken into consideration by the State Commission, subject to the Appellants paying, jointly and severally, to the Complainant a sum of 25,000/- as costs. The said costs shall be paid to the Complainant before the State Commission. The Appellants/counsel are directed to appear before the State Commission on

23.2.2017 for further proceedings. The Appeal stands disposed of in the above terms. ......................J D.K. JAIN PRESIDENT ...................... M. SHREESHA MEMBER