At, West Bengal State Consumer Disputes Redressal Commission Kolkata
By, THE HONOURABLE MR. JUSTICE ISHAN CHANDRA DAS
By, THE HONOURABLE MRS. SAMIKSHA BHATTACHARYA
By, MEMBER & THE HONOURABLE MR. SHYAMAL KUMAR GHOSH
For the Petitioner: Sushovon Dey, Advocate. For the Respondent: None appears.
Samiksha Bhattacharya, Member
The instant revision petition has been filed u/s 17 (I) (b) of the C.P. Act, 1986 filed questioning propriety of order No. 3 dated 01.03.2019 passed by Ld. DCDRF, Howrah, in Complaint Case No. CC/16/2019 which is pending before the concerned Forum. The order of the Ld. District Forum is as follows.
“Order No. 3 dated 01.03.2019’ Complainants files hazira and postal track report. It appears from the postal track report that registered notices upon OP Nos. 1 ,2, 3 have been duly delivered. OP No.3 enters appearance today by filing vakalatnama alongwith a petition praying for time for filing W.V. perused the petition . Hard . Prayer is considered and allowed.
OP Nos. 1 and 2 do not appear inspite of service of notice upon them . Hence let the case be proceeded ex parte against the OP nos.1 and 2.”
Aggrieved by such order OPs 1 and 2 filed the instant revision petition praying for vacating the ex parte order passed by Ld. District Forum. Ld. Counsel for the revisionist submitted that the petitioners did not receive the summon and the Ld. Forum without ascertaining properly whether the consignment served upon the petitioners fixed the matter ex parte as against them. The petitioners came to know from OP No.3 / the landlord that a consumer complaint has been filed against them and the matter has been fixed ex parte.
Upon submission of the Ld. Counsel for the Revision Petitioners and on perusal of enter materials on record we are in view that the Complaint should be decided on merit and on contest. For the interest of justice and for finality of litigation the OPs 1 and 2 / the present petitioners should be given a chance to contest the case by filing their written versions . The Ld. Forum has fixed the case ex parte as against OPs 1 and 2 on the first date i.e., on which date the service of notices upon OPs 1 and 2 have been completed . The Ld. Forum has fixed the case ex parte as against OPs 1 and 2 hurriedly due to absence of OPs 1 and 2 on the date of completion of service. In this connection we take the view of the case passed by Hon’ble Supreme Court where the Hon’ble Court has allowed the Consumer Fora to accept the W.S. filed with delay in appropriate cases on suitable terms vide its order dated 10.02.2017 passed in Reliance General Insurance Company Ltd And anr. –vs- Mampee Timbers and Hardwares Pvt. Ltd. And anr. wherein it has been held thar “ We consider it appropriate to direct that pending decision of the larger bench , it will be opened to the concerned Fora to accept the written statement filed beyond the stipulated time of 45 days in an appropriate case , on suitable terms including the payment of cost, and to proceed with the matter”.We are also relying upon the decision passed by Hon’ble National Commission in Pranab Kumar Bhattarcharyya –vs DLF Home Raja pura Pvt. Reported in 2018 (3) CPR 832 (NC) . In the case in hand the stipulated period was not over rather on the very firstday when the court was intimated about the completion of service, the case was fixed ex parte as against OPs 1 and 2. Therefore, we are not inclined to impose any cost to give the opportunity for filing W.V. by OPs 1 and 2.
Therefore, we set aside the order No. 3 dated 01.03.2019 passed by Ld. DCDRF, Howrah and therefore, we are giving the opportunity to OPs 1 and 2 to file their W.V. before the concerned Forum on 21.01.2020 .
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.2020 for appearance of the parties and filing W.V by OPs 1 and 2. Ld. District Forum is requested to accept the W.V of OPs 1 and 2 and to proceed with the case thereafter according to law. In this regard we refrain ourselves from passing any opinion on other issues involved therein. In view of the above the present revision petition is allowed and disposed of accordingly.