Hon’ble Mr.Ajeya Matilal, Presiding Member
Ld. Counsel Ms. Sarbari Datta, appearing for the Appellant is present in virtual mode.
None appears on behalf of the Respondent on call.
Being aggrieved and dissatisfied with the Judgment dated 22.03.2021 passed by DCDRC, Unit-II allowing the complaint case being No.CC/204/2020 with the following directions:
- “The OP is directed to pay matured amount of Rs.75,754/- to the complainant within 45 days from today.
- The OP is further directed to pay compensation of Rs.10,000/- to the complainant for mental pain and agony.’
- The OP is also directed to pay cost of litigation of Rs.5,000/- to the complainant.
Amount of compensation and cost be paid by the OP to the complainant within a period of 45 days from passing of this order.
With these directions consumer complaint is disposed of.
Copy of Judgment be provided to the parties as mandated by the Consumer Protection Act, 2019.The Judgment be uploaded forthwith on the website of the commission for perusal of the parties.”
Appellant/Opposite Party preferred this Appeal.
Ld. Counsel for the Appellant submitted that the matter was fixed for hearing during the Covid Pandemic Period. Undoubtedly, the matter was heard ex-parte.
Ld. Counsel for the Appellant submitted that an opportunity of being heard may please be given to her.
We are of the view that the Appeal should be allowed with appropriate direction.
Hence,
It is
O R D E R E D
The Appeal being No.49/2022 is allowed ex-parte. The impugned Order dated 22.03.2021 is hereby set aside.
The parties are directed to appear before DCDRC, Unit-II, Kolkata.
Fix 22.11.2024 for appearance of the parties.
Appellant/Opposite Party is directed to file W/V before the Forum below on that date.
The Forum below is requested to dispose of the case within sixty days from their appearance in accordance with law after giving opportunity to the parties being heard without being influenced by any observation of this Forum.
Thus, the Appeal stands disposed of.
Order of stay, if there is any, stands vacated.
Let a copy of this Judgment be sent to the Ld. Forum below.
Note accordingly.
