Sri Shyamal Gupta, Member

This is a Revision filed by Country Club Hospitality & Holidays Ltd. against the Order dated 03-01-2017, passed by the Ld. District Forum, Kolkata-I (North) in CC/133/2015.

Case of the Revisionists, in short, is that on receipt of notice of the complaint, they appeared before the Ld. District Forum and filed a maintainability petition before it.  After hearing both sides, the Ld. District Forum rejected their petition and fixed the next date for ex parte proceeding without giving any opportunity to file WV and thereby defend their case.  Hence, this Revision.

We have heard both sides and considered the submission of the parties. 

On a reference to the order impugned, we find that the Ld. District Forum elaborately discussed the reason behind fixing the matter ex parte. 

Pendency of decision on the maintainability petition is no cogent ground to defer submission of WV.  It is a statutory requirement on the part of the opposite parties to submit their WV within 30 days of receipt of notice from the Consumer Fora.  Thus, we find no infirmity with the impugned order.

In any case, we are inclined to take an affirmative view in respect of the subject petition in the interest of natural justice subject to payment of cost.

Hence,

O R D E R E D

The Revision stands allowed on contest against the Respondents.  The impugned order is set aside subject to payment of a cost of Rs. 20,000/- by the Appellants to the Respondents.  Parties to appear before the Ld. District Forum on 24-01-2019 for due payment and further order in the matter.