1) file petition before district forum to permit you to file WS and set aside order of exparte

2) as per latest SC judgment delay in filing WS cannot be condoned as you have failed to file WS within period mentioned in summons issued to you

3) Hon’ble Supreme Court in its recent judgement clarified that forums/commission under the Consumer Protection Act “can grant a further period of 15 days to the opposite party for filing his version or reply and not beyond that”. It is therefore now clear that the total time for filing of reply can not exceed beyond 45 days, as per Section 13(2)(a) of the Consumer Protection Act, 1986.

Apply to the District Consumer Forum to recall its order. If it does not restore your defence then you may move the State Forum. Your time limit to move the State Forum shall begin from the date on which the district forum rejects your petition to restore your defence.

1. When your maintainability petition was rejected, the Forum was to direct you to submit the WS a not give an immediate direction of ex-parte hearing,

2. You should nor file a petition before the same Forum praying for vacating the ex-parte hearing order showing reason for your not submitting the WS,

3. If your said petition for vacating the ex-parte hearing order is rejected, file an application challenging the said order before the State Consumer Commission praying for direction upon the District Forum to accept your WS and proceed with the matter,

4. By filing the said application before the District Forum you will not loose the opportunity to approach the State Commission, rather you should exhaust all your steps to get justice/relief from the District Forum and after failing to get justice only you should approach the State Commission.

Under the circumstances you have to file a a petition to restore the case UNDER ORDER XI RULE 7 OF THE CIVIL PROCEDURE CODE 1908 along with your written version in the same court. You do not have to prefer an appeal agaisnt this decision before state commission, you can file this petition in the same district forum itself. You may even think about changing the lawyer and also may appear as a party in person too.