Sri Shyamal Gupta, Member

Challenge under this Appeal is the Order dated 15-03-2018, passed by the Ld. District Forum, Kolkata-I (North) in CC/757/2014, whereby the complaint case has been dismissed.

The short case of the Appellants is that while passing the impugned order, the spirit of the order of this Commission, passed in RP/54/2016 was not taken into consideration in its true purport which resulted in passing of the order impugned causing great injustice to them.  Therefore, this Appeal.

Parties were heard through their respective Ld. Advocates and documents on record gone through carefully.

On perusal of the order of this Commission dated 13-10-2017, passed in RP/54/2016, it appears that by such order, this Commission merely overruled the decision of the Forum below asking the Respondent No. 1 to depute its competent person before the Ld. District Forum and explain the goof up committed in the matter of issuance of stop payment instruction to the bank. 

Nowhere in the said order of this Commission there was any such direction to put an end to the dispute.  If we had any such intention, we could dismiss the complaint case from this end itself. 

Another aspect of the impugned order that  has caught us by surprise is that although the Appellants remained absent before the Ld. District Forum on 15-03-2018 and most importantly, no such compromise petition was placed before it being signed by the parties concerned, the Ld. District Forum, most arbitrarily, only in presence of the Respondents disposed of the complaint case on compromise.  This is simply inexplicable. 

As the order impugned is beset with numerous technical/procedural defects, we cannot uphold the same.

We, thus, find enough merit in this Appeal.

Hence,

O R D E R E D

The Appeal stands allowed in part against the Respondents.  The impugned order is hereby set aside.  No costs.  Parties to appear before the Ld. District Forum on 05-03-2019 for fresh adjudication of the case on merit.