Order no.  3, dt. 15.5.2023

Today is fixed for hearing of the petition which is filed by the applicant for setting aside ex parte order.

Both the applicant and op side are found ready.

Op side has filed W/O. Copy served. Let it be kept with the record.

Heard both sides. Considered submission.

In course of hearing ld. Advocate for the applicant side pointed out that due to the fault of the lawyer the applicant (who is the op of C.C. case no. 14 of 2023) has failed to file the W/V within time and for that reason ld. Commission by taking sympathetic consideration can set aside the order of ex parte hearing.

On the other hand, ld. Advocate for the op pointed out that there is no scope of acceptance of any W/V after 45 days which is described in the Consumer Protection Act, 2019.

After going through the materials of this case record and also after making scrutiny of the documents filed by the applicant side it appears that due to mistake of recording date in the diary of the ld. Lawyer, W/V has not been filed within time. Moreso it is found that there is delay in filing W/V for 5-6 days. It is the settled principle of law that due to the fault of ld. Advocate or law clerk a litigant public cannot suffer. So due to the fault of the ld. Lawyer the op nos. 2 and 3 cannot suffer.

Considering this aspects the prayer of the applicant who is the op of C.C. case no. 14 of 2023 for setting aside the order of ex parte hearing is allowed on contest but at the cost of Rs. 1000/- payable to the complainant.

In light of the observation made above the M.A. case no. 37 of 2023 is disposed of on contest.

The op nos. 2 and 3 is directed to pay the cost amount to the complainant in C.C. case no. 14 of 2023 within next date.

Let this case record of M.A. case no. 37 of 2023 be tagged with the C.C. case record 14 of 2023.