Hon’ble Mr. Ajeya Matilal, Presiding Member

          The Ld. Advocate for the respondent is present. Ld. Advocate Mr. Rajkumar Maji appears by filing additional power on behalf of appellant nos. 1 and 2.

          Being aggrieved by and dissatisfied with judgment dt. 12.03.2021 passed by Ld. DCDRC, Hooghly, allowing CC/150/2018 ex parte, the appellant preferred this appeal questioning the legality of the judgment.

          Heard submission of the Ld. Advocates for the both sides.

          Considered.

          It appears from the impugned order that the case was disposed of ex parte and the appellant /OP did not get any opportunity for filing any evidence on affidavit. But the OP nos. 1 and 2 filed written version before the court below.

         Considering the facts and circumstances of the case, we are of the view as the appellant /OPs intent to contest the case so an opportunity should be given to them for adducing evidence subject to payment of cost.

        So, the appeal being no. A/66/2021 is allowed on contest against the respondent no. 1 subject to payment of cost of Rs. 2000/- in favour of the respondent no. 1 to be paid before the Forum below on or before the date fixed.

       Fix 20.03.2024 for appearance of the parties before the Ld. DCDRC, Hooghly.

      Ld. Commission below is requested to dispose of the case within 3 months from the appearance of the parties in accordance with law after giving opportunity to the parties of being heard.  

      The Opposite Party would file evidence on affidavit on 20.03.2024.

      Order of stay, if there is any, in connection with this appeal stands vacated.