Hon’ble Mr. Ajeya Matilal, Presiding Member

          Ld. Advocates for appellant and respondent are present.        

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

          Being aggrieved by and dissatisfied with order dt. 30.07.2019 passed by the Ld. DCDRC, Kolkata, Unit II in CC/466/2018 appellant / complainant preferred this appeal.

          Perused the impugned order. Considered.

          It appears from the impugned order that 30.07.2019 was fixed for filing evidence on affidavit by the complainant but on that date the complainants did not file any such evidence and they did not pray for adjournment for filing examination in chief.

          So, the case was dismissed.

          It appears that the appellant / complainant is willing to proceed with the case. So, we are of the view that a chance should be given to the appellant / complainant to continue with the said case and the impugned order should be set aside.

          Accordingly, A/819/2019 is allowed on contest subject to payment of cost of Rs. 2000/- payable to the SCWF within 15 days. Impugned order is set aside.

          Let the case CC/466/2018 be restored in its original file and number.

          The parties are directed to appear before Ld. DCDRC, Unit II on 24.08.2023 positively. The Ld. Commission below is requested to dispose of the case in accordance with law after giving both sides an opportunity of being heard.

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

          Joint Registrar of this Commission is directed to do the needful in this regard.