Sri Shyamal Kumar Ghosh, Presiding Member
The instant Revision petition has been filed by the Revisionist/OP challenging the order impugned dated 15th July, 2022 passed by the Ld. DCDRC, Howrah in connecting CC case being no. 112/2022 wherein the Ld. DCDRC has been pleased to pass the following order:
“Complainant files hazira alongwith postal receipts and track reports wherefrom it reveals that notice has been served upon O.P on 24.05.2022. OP files w.v. but record show that statutory period for filing w.v. is over. Thus, w.v. files by O.P cannot be entertained. So, case do proceed ex parte against O.P.
Fix 03.11.2022 for ex parte hearing.”
I have heard the Ld. Counsels appearing for both sides.
I have considered their submissions.
I have meticulously perused all materials available on the record.
The argument has been concluded.
Ld. Advocate appearing for the OP/Revisionist has prayed for setting aside the order being no. 3 dated 15.07.2022 and also prayed for giving opportunity for filing written version before the concerned Trial Commission. The Ld. Counsel has also submitted that if the said Revision Petition is not allowed the OP/Revisionist will suffer irreparable loss and injury.
At the time of hearing the Ld. Counsel appearing for the Respondent/Complainant has fairly submitted that if the opportunity for filing written version is given by this Commission the complainant has no such objection and to that effect the consent has been given by the Ld. Advocate appearing for the Respondent/Complainant.
In pursuant to the above observation it is the view of this Commission that the contested hearing is more stronger than that of ex parte hearing. So, for the benefit of the Complainant/Respondent, the opportunity should be given to the OP/Revisionist to file their written version before the concerned Trial Commission. Not only that to that effect the Ld. Counsel appearing for the Complainant/Respondent has raised no objection and consent has been given.
Under such circumstances I can safely rely upon the decision Pranab Kumar Bhattacharya—vs.—DLF Home Rajapura Pvt. Ltd. and Ors. reported in 2018 (3) CPR 832 (NC) wherein the Hon’ble National Commission has been pleased to hold that the written version/statement can be filed even after expiry of statutory period on suitable terms and conditions including cost to the Complainant.
Keeping in view the above observation I allow the instant Revision Petition and direction is given to the Revisionist/OP to file their written version before the concerned Trial Commission on 12.10.2023 positively subject to payment of cost of Rs. 5,000/-(C.P.) to be paid to the Complainant/Respondent. If the Revisionist/OP fails to submit the aforesaid written version within the stipulated period of time the Ld. Trial Commission is at liberty to proceed the aforesaid consumer case as per law.
The instant Revision Petition stands disposed of.
Note accordingly.
Let a copy of this order be transmitted to the Ld. concerned Trial Commission for compliance and for taking necessary action.
