Heard Mr. S. Sarma, learned counsel appearing for the Applicant/Appellant. Being aggrieved by the two orders dated 29.03.2017 and 18.04.2017, this Misc Application has been filed for setting aside the aforesaid orders, with further prayer to stay the proceeding in CPA case no. 21/2015 pending before the District Consumer Forum Sonitpur at Tezpur.

               We have perused the statements made on oath in the application. Also perused the aforesaid two orders. On 29.03.2017, a petition being No. 112/17 was filed before the forum by the opposite party (Applicant herein) stating that C.P.A. Case No. 21 of 2015 was fixed on that day for cross examination of the complainant, however a case is pending before the State Commission, being FA case no 1/2016 arising out of the said complaint case, wherein the State Commission directed to serve the notice upon the complainant by dasti service,  Copy of the order passed by the Commission was also enclosed with the application. Thus prayed that in the aforesaid premises, it would not be possible to cross examine the complainant on that day else the Appeal would become infructuous. However, upon perusal of the aforesaid petition no 112/17, the District Forum vide impugned order dated 29.03.2017 held  that as on the same ground, the opposite party has taken several adjournments, no further adjournment would be granted, which only show the conduct of the opposite party that they are only interested to take adjournment and prolong litigation.

The learned Forum further held that “consumer complaint case is required to be disposed off expeditiously within 3 months from  the date of notice by opposite party, where no analysis or any testing report  is required.’ For the reasons stated prayer for another date is rejected”. The forum fixed 18.04.17 for DW/ or argument.

               It is submitted by Mr. Sarma, learned counsel for the applicant that the order passed by the State Commission regarding dasti service upon the complainant was completed on 29.03.2017, wherein after receipt of the notice, complainant put his signature. The complainant was also present on that day without any objection to the prayer made the opposite party for adjournment of the complaint case

               However on 18.04.2017, while a petition was filed by the opposite party for another adjournment.,, the said petition was rejected by the District Forum fixing on 05.05.2017 for judgment, stating therein that parties may submit argument on or before 25.04.2017.

               After hearing learned counsel for the Applicant/Appellant (opposite party) also upon perusal of the statements made on oath in the application  as well as the impugned orders, we are of the opinion that notice  need to be issued to the complainant as prayed for.

               Issue notice. Considering the urgency of the matter, applicant is directed to take steps upon the complainant by dasti service by 08.05.2017. Thereafter by 11.05.2017, an affidavit shall be filed stating the time , manner of service etc. by the applicant.

               The notice for Dasti service shall be routed through the Registry.

               In the meanwhile further proceedings in CPA case no. 21/2015 pending before the learned District Forum Sonitpur at Tezpur shall remain stayed.

               List it on 12-5-2017.