Hon’ble Mr. Ajeya Matilal, Presiding Member

Order No. 04

Both sides are present through their respective Ld. Counsels.

Today is fixed for final hearing of the Revision Petition.

The Revision Petition being no. 9/2024 is taken up for hearing.

Being aggrieved by and dissatisfied with the order dated 20.12.2023 passed by the Ld. DCDRC, Purba Medinipur at Tamluk with the observation that as the W/V has not been filed within 45 days it could not be accepted and Ld. Commission below was pleased to order that the case did proceed ex parte against the OP Nos. 1&2 and 25.01.2024 was fixed for ex parte evidence by the Complainant.

Ld. Counsel for the Revisionist/Petitioner submitted that the delay was caused because the Revisionist/Petitioner failed to procure the document in time and there was some cause for procedural delay.

Ld. Counsel for the Respondent submitted that no petition has been filed before the Ld. Commission below for acceptance of the written version. It appears from the record that the written version has already been filed before the Ld. Commission below but undoubtedly, it was beyond the statutory period and there was delay of 10 days only.

Heard the submissions of the Ld. Counsels for both sides.

Considered.

We are of the view as the Revisionist/Petitioner/OP intends to contest the case before the Ld. Commission below, an opportunity should be given to him to contest the case subject to payment of cost.

In view of the above observations the Revision Petition should be allowed.

Hence,

O R D E R E D

The Revision Petition being no. 9/2024 is allowed subject to payment of cost of Rs. 1,000/- payable to the Respondent by the Revisionist/Petitioner.

Parties are directed to appear before the Ld. Commission below on 30.10.2024 and the Revisionist/Petitioner is directed to pay the cost on that date.

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

Order of stay, if there is any, be vacated.

Let a copy of this order be sent down to the Ld. Commission below.

Revision Petition being no. 9/2024 is disposed of.

Note accordingly.