Sri Subhra Sankar Bhatta, Presiding Member
The present first appeal has been directed at the instance of the Appellant Smt. Rupa Bandhyopadhyay who was the Complainant before the Consumer Disputes Redressal Commission, Kolkata Unit—III (South) West Bengal (hereinafter referred to as the “District Commission” for short) assailing the impugned order dated 9th November, 2021 vide order no. 21 passed by the District Commission in Consumer Complaint Case no. CC/665/2019 whereby Ld. District Commission was pleased to pass the following order:-
“ORDERED
No step is taken by the parties. Today is fixed for acceptance of show cause filed by the Complainant subject to deposit of cost of Rs. 500/-. But none appears on behalf of the Complainant. Neither any receipt is filed showing deposit of cost as directed. On repeated calls none appears on behalf of the Complainant, which indicates that the Complainant is no more interested to proceed with this case. IN such a situation Complaint is liable to be dismissed and thus CC/665/2019 is dismissed for default.”
Being aggrieved by and dissatisfied with the above order of the Ld. District Commission the Complainant as Appellant has preferred the present appeal on various grounds as highlighted in the body of memorandum of appeal. It has been contended that the impugned order is misconceived, erroneous and contrary to law; that the Ld. District Commission has failed to exercise its jurisdiction vested upon the Commission by law and has also acted with material irregularity and/or illegality; that the Ld. Commission below has failed to appreciate the facts and circumstances of the case; that the Ld. District Commission has passed the impugned order without proper application of mind; that the Ld. District Commission failed to appreciate the circumstances of the case and arrived at a wrong conclusion causing injustice to the Appellant/Complainant; that the Ld. Commission below failed to consider the fact of prevailing Pandemic Covid—19 situation. At that relevant time the concerned department of the Commission used to intimate the next date to the conducting advocates by sending SMS to their mobile; that the Ld. Commission below miserably failed to consider that the next date i.e. 09.11.2021 was not intimated or sent to the mobile of the conducting advocates; that the Ld. Commission below failed to appreciate that the Judges’ Court Alipur was closed for Puja Vacation from 09.10.2021 to 07.11.2021 and that due to prevailing Pandemic Covid—19 regular matters were not taken up by the Ld. Commission and that the Resolution of the Alipur Bar Association was continuing from time to time with the request to all Courts ‘not to pass any adverse order’. On all such grounds the Appellant has prayed for allowing the present appeal after setting aside the impugned order.
It reveals from the case record that both Respondent Nos. 1 and 2 entered appearance in the present appeal by filing vokalatnama. Subsequently, they did not turn up to contest the appeal. As a result the present appeal was proceeded ex parte against both the Respondents.
The present Appellant as Complainant instituted one consumer complaint case before the Ld. District Commission praying for certain relief/reliefs as vividly described in the prayer portion of the petition of complaint. The Complainant proceeded with the complaint case with due diligence. On 09.11.2021 vide order no. 21 the Ld. District Commission was pleased to dismiss the complaint case for default. The impugned order goes to indicate that on that particular date none of the parties to the complaint case took step. The Ld. District Commission was also pleased to hold that the Complainant is no more interested to proceed with the case.
During the course of hearing Ld. Counsel appearing for the Appellant has drawn my attention to the impugned order and vehemently argued that Pandemic Covid—19 was prevailing in the country at that relevant time of passing the impugned order. He has also submitted that considering such dreadful situation the Alipur Bar Association took several Resolutions from time to time and requested the Ld. District Judge and all other Judges including the Ld. District Commission at Alipur not to pass any adverse order. According to the Ld. Counsel the impugned order was passed ignoring all such resolutions and the Pandemic Covid—19 situation. Ld. Counsel has also argued that the fixed date i.e. 09.11.2021 of the complaint case was not at all intimated or informed to the Ld. Counsel for the Complainant through SMS or any other means. It is also submitted that the Appellant/Complainant is always willing to contest the complaint case on merit. Ld. Counsel has prayed for passing necessary order by allowing the present appeal.
It reveals from the case record that the impugned order dated 09.11.2021 (vide order no. 21) was passed during the prevailing Pandemic Covid—19. Hon`ble Apex Court in MA No. 21 of 2022 & MA No. 665 of 2021 and SUO MOTU writ Petition (C) No. 3 of 2020 was pleased to waive the limitation period from 15.03.2020 till 18.02.2022. Hon`ble Apex Court was further pleased to extend the period of limitation upto 29.05.2022. Undoubtedly, the Appellant could not take any steps on 09.11.2021 due to the prevailing situation in the country.
Considering all aspects from all angles and keeping in mind the submission of the Ld. Counsel representing the Appellant and regard being had to the observation of the Hon’ble Apex Court and Hon’ble National Commission due to Pandemic Covid—19 situation I am constrained to hold that the present appeal should be allowed ex parte for the ends of justice and the Appellant should be given opportunity to continue with the complaint case. I also hold that the impugned order cannot sustain in the eye of law and as such the impugned order of the Ld. Commission below deserves interference of this Appellate Commission.
The impugned order requires to be set aside for the interest of justice.
Resultantly, the appeal succeeds ex parte.
It is, therefore,
O R D E R E D
That the present appeal being no.118/2021 be and the same is allowed ex parte but considering the circumstances without any order as to costs.
The impugned order dated 09.11.2021 vide order no. 21 passed by the Ld. District Commission in connection with consumer complaint case no. CC/665/2019 is hereby set aside.
Appellant is directed to appear before the Ld. District Commission on 08.11.2023 for receiving further order/orders.
Ld. District Commission is directed to proceed with the complaint case in accordance with law after restoring the complaint case in its original file and number.
Let a copy of this order be transmitted to the Ld. District Commission forthwith for information and taking necessary action.
Interim order, if any, be vacated forthwith.
Thus, the appeal stands disposed of.
Note accordingly.
