Sri Subhra Sankar Bhatta, Presiding Member
Both the Ld. Counsels appearing for the respective parties to the Revision Petition are present.
Today is fixed for passing order upon the Revision Petition filed by the Revisionist/Petitioner on 8th December, 2021.
Considered the submissions advanced by the respective Ld. Counsels for the respective parties to the Revision Petition on 16th August, 2023.
Perused the contention of the Revision Petition.
Seen the materials available on record including the impugned order passed by the Ld. District Consumer Disputes Redressal Commission, North 24 Parganas in connection with consumer complaint case no. 353/2019 whereby Ld. D.C.D.R.C. was pleased to pass the following order:-
“CC no. 353/2019
Order no. 3
Dated 02.03.2020
Hazira is filed on behalf of the Complainant. The Complainant filed postal track reports which show that S/R upon the OPs have been delivered on 16.01.2020. Despite OPs did not turn up. Hence the case do proceed ex parte against all the OPs.
Fix 27.05.2020 for filing evidence in chief on affidavit by the Complainant.”
Being aggrieved by and dissatisfied with the above order of the Ld. Commission below the O.Ps as Revisionist Petitioners have preferred the present revision petition on the grounds as canvassed in the body of the Revision Petition.
It has been contended that the Ld. District Commission failed to take cognizance of the extension period allowed by the Hon’ble National Commission basing upon the directions passed by the Hon’ble Supreme Court in suo motu writ petition (Civil) no. 3 of 2020 and subsequent extension orders from time to time; that the Ld. Commission below did not consider the Pandemic Covid—19 situation by not giving opportunity to the Revisionists/OPs for contesting the complaint case; On all such grounds the Revisionists/OPs have prayed for allowing the present Revision Petition after setting aside the impugned order dated 02.03.2020.
During the course of hearing Ld. Counsel appearing for the Revisionist Petitioners has drawn my attention to the impugned order dated 02.03.2020 vide order no. 3 and vehemently argued that Pandemic Covid—19 situation was prevailing in the entire country at that relevant period but without considering such aspect Ld. Commission below proceeded with the complaint case ex parte against all the OPs who are the Revisionist/Petitioners. Ld. Counsel has submitted that the present Revisionists/Petitioners/OPs should be given opportunity to contest the complaint case on merit. He has prayed for allowing the present Revision Petition after setting aside the impugned order.
On the other hand Ld. Counsel appearing for the Respondent/Complainant has fairly submitted that the Respondent/Complainant has no objection if the present Revision Petition is allowed subject to payment of adequate costs. Ld. Counsel has unequivocally conceded that Pandemic Covid—19 was prevailing at that relevant time and considering such situation Hon’ble Apex Court was pleased to take cognizance regarding extension of time and certain directions were given by the Hon’ble Apex Court in suo motu writ petition (Civil) no. 3 of 2020 from time to time.
Considering all aspects from all angles and having considered the submissions of the respective Ld. Counsels for the respective parties and regard being had to the observations of the Hon’ble Apex Court passed in suo motu writ petition (Civil) no. 3 of 2020 I am inclined to hold that the present Revision Petition filed by the Revisionists/Petitioners should be allowed for just and effective adjudication of the complaint case. I also hold and firmly hold that an opportunity should be given to the present Revisionists/Petitioners/OPs to contest the complaint case after vacating the ex parte order passed against the OPs by virtue of the impugned order. I further hold that the present Revisionists/Petitioners/OPs should be given an opportunity to file their written version within seven days of their appearance before the Ld. District Commission.
Resultantly, the present Revision Petition succeeds.
The impugned order of the Ld. Commission below requires to be interfered with.
It is, therefore,
O R D E R E D
That the present Revision Petition being no. 41/2021 filed by the Revisionists/Petitioners is allowed on contest subject to payment of cost of Rs. 3,000/- (C.P.) to be paid by the Revisionists/Petitioners to the Respondent/Complainant.
The impugned order dated 02.03.2022 passed by the District Commission is hereby set aside. Ld. Commission below is directed to give the Revisionists/Petitioners an opportunity to file their written version after vacating the ex parte order.
Both parties are directed to appear before the Ld. Commission below on 27.09.2023 for receiving further order/orders.
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 at once.
Thus, the Revision Petition stands disposed of.
Note accordingly.
