This appeal is directed against the order dated 13.07.2017 delivered by Ld. D.C.D.R.F., Coochbehar in CC No. 6 of 2016. The fact of the case in nutshell is that one G. Hui the appellant registered a Consumer Complaint against Dr. S. Choudhury and Others for getting compensation on account of medical negligence, deficiency of service, harassment etc. The said Consumer Complaint was admitted in due Course and the Opposite Parties were served notice. Thereafter O.P. No. 1 to 3 filed the Written Version and the process of recording evidence was started. Thereafter, the complainant became absent on the date of hearing and no steps was there on his part. So, he was asked to file Show cause for his absence on 13.07.2017. On that day at the time of the call none made any response on behalf of the complainant and the Ld. Forum at about 12:10 P.M. on 13.07.2017 passed the order by which the Consumer Complaint registered by appellant G. Hui was dismissed for default. Being aggrieved with that order, this appeal follows on the ground that the order of Ld. Forum was erroneous, unwanted and violated the basic principles of natural justice and law. The appeal has been contested by respondent No. 1 and 4 through their Ld. Advocates and the appeal was heard in presence of both sides through Their legal counsels and both sides have filed the W.N.A in respect of their argument.

Decision with reasons

On perusal of the pleadings of both sides and going through all the necessary documents. It appears that the complainant has been suffering from a long period in various ailments and he was medically treated by the respondents as medical expert in the Nursing home as outdoor and indoor patient and thereafter one Consumer Complaint was registered at first by the daughter of G. Hui subsequently G. Hui has tried to implead himself in the case but Ld. Forum did not allow him to continue the case with observation that his daughter had no locus standi to register the Consumer Complaint. The appellant G. Hui was given an opportunity to file a separate case afresh with the same cause of action. The appellant has followed the order of the Ld. Forum in CC No. 156 of 2013 and registered the Consumer Complaint Bearing No. CC 6, 2016. After hearing both sides it appears the complainant is a very old aged man and he was suffering from various ailments for a long period and for that reason he became absent to conduct the hearing of the case and Ld. Forum was compelled to hold that the complainant was not willing to proceed with this case and for thar reason the case was dismissed for default on 13.07.2017. On that day at about 1 P.M the complainant/appellant G. Hui appeared before the Ld. Forum and filed the Show cause but Ld. Forum did not entertain the said Show cause as because the Ex-parte order dismissed for default was already delivered. So, this appeal has been preferred. We know very well that Consumer Protection Act is a beneficial legislation which should be construed in a liberal manner and positive approach and judicial mind should be applied on the part of Redressal Agency at the time of disposal of Consumer Complaint. Rather, the substantial portion of evidence of this case was already recorded and the Opposite party contested by their W.V. against the Consumer Complaint and Ld. Forum had the opportunity to adjudicate the dispute on its own merit. While, the Ld. Forum very mechanically without any judicious observation has dismissed the Consumer Complaint which is very unwanted within the arena of Consumer Protection Act. Such erroneous order should not be upheld which has been challenged in the appeal and the Appellate Forum has got the opportunity to interfere with such order, in order to, protect the interest of a bonafide customer/Consumer. Thus, the instant appeal has got some merits.

Hence, it is ordered

That the appeal be and the same is hereby allowed on contest without any cost. The order No. 26 dated 13.07.2017 delivered by Ld. D.C.D.R.F., Coochbehar in CC No. 6 of 2016 is hereby set aside. Ld. Forum is requested to record the evidences and to hear the arguments of both sides and pass an appropriate order within the ambit of Consumer Protection Act, 1986.

Let a copy of this order be handed over to the parties of appeal free of cost with a direction to appear before the Ld. Forum either personally or through their agents and to conclude the hearing of the case as per provisions of law. Let the copy of this order be communicated to the Ld. D.C.D.R.F, Coochbehar.