This revisional application is directed against the order dated 16/11/2018 passed by the Ld. D.C.D.R.F, Coochbehar in CC/41/2018. The revisionist as well as the opposite party are present through their Ld. Advocates. The revisional application is taken up for hearing. Heard Ld. Advocates of both sides. The revisional application in nutshell is that the op has filed the instant consumer complaint case against the revisionist and ors. where the revisionist after receiving the notice of the consumer complaint could not file the W.V within the 45 days and for that reason the revisionist was debarred from contesting the consumer complaint by filing the W.V. as Ld. Forum passed the order to hear the case ex-parte against the revisionist. The revisionist then filed an application before the Ld. Forum for setting aside the order of hearing the case ex-parte and prayed for allow the revisionist to file W.V. Same petition was rejected and the W.V filed by the revisionist could not be accepted.

Being aggrieved with the order this revision follows on the ground that the revisionist had valid reasons and excuses for not filing the W.V in due time which was highlighted in the petition but the Ld. Forum did not consider the case and ultimately rejected the petition of the revisionist which was not appreciable in law and for the interest of justice the revision should be allowed and the revisionist should get an opportunity of being heard and the W.V which the revisionist has already filed should be accepted.

The opposite party had contested the revisional application after receiving the notice of the case and the Ld. Conducting Advocate appointed by the op has contested the revisional application at the time of hearing. The Ld. Advocate of the revisionist at the time of hearing submits that for the interest of justice and in view of the order of the Hon’ble Supreme Court in Reliance Gen. Insurance Co. Ltd. and another Vs. M/s. Mampee Timber and Hardware Pvt. Ltd. and in view of the order of Hon’ble National Commission in first appeal no. 372 of 2017, the revisional application should be allowed and the revisionist should be allowed to contest the case and the W.V already submitted by the Ld. Forum should be accepted subject to payment of cost. Ld. Advocate of the OP at the time of his argument mentioned that in view of the order of the Supreme Court and Hon’ble National Commission sufficient cost should be imposed upon the revisionist before accepting the W.V. Considering all aspect of this case and in view of the order of Hon’ble Supreme Court and Hon’ble National Commission the revisional application should be allowed subject to payment off cost of Rs. 3,000/- before acceptance of W.V.

            Hence it is ordered: -

That the instant revisional application is hereby allowed on contest subject to payment of cost of Rs. 3,000/- to be paid by the revisionist to the principle OP of revision before the Ld. D.C.D.R.F, Coochbehar on next date. The impugned order of Ld. Forum is hereby set aside. The revisionist is asked to appear before the Ld. D.C.D.R.F, Coochbehar on 28/08/2019 and make payment of the cost amount to the consumer complainant as directed by this Commission in this judgement and after payment of cost the W.V submitted by the revisionist in the instant consumer complaint shall have to be accepted by the Ld. D.C.D.R.F, Coochbehar. Let the copy of this order be supplied to the parties free of cost and the same be communicated to the Ld. Concerned Forum through e-mail.