Learned counsel for the parties are present.

        On the consent and request of the learned counsel, for the parties, the revision petition is taken up for disposal at the stage of admission.

        In this revision petition the revision petitioner who was the OP before the learned District Forum has made prayer to set aside the order dated 20.7.2018 passed by the learned District Forum, Kendrapara in CC No. 68 of 2017 which reads as follows:-

“Learned counsel for the complainant filed hazira. OP files petition to recall and set aside the order No.10 dtd.30.04.18 along with written statement and certain documents, The copy of the petition is received by the learned counsel for the complainant without any objection. OP in the petition prayed this Forum to recall the ex-parte order passed by this Forum on dtd.30.04.18. Now the legal question raised before this Forum that when a recall petition is received by the other side without any objection, has this Forum entitle to recall the order? The C.P.Act, 1986 does not provide the Forum to recall/review their own order. On perusal of the case record, it is noticed that after lapse of statutory period of filing written statement, when the Ops did not take any step to file the written statement, accordingly the Forum set ex parte to OP and fixed ex-parte hearing against the Ops U/s 13(2)(b)(ii) of the C.P.Act, 1986.

In the position of law involved, the petition filed by the Op today is rejected and the case is posted to dtd.10.08.18 for ex-parte hearing.”

        The OP in this revision was the complainant before the learned District Forum.

It is submitted at the Bar that by order dated 30.4.2018 revision petitioner/OP was set ex parte though had entered appearance earlier.  In such circumstances, the OP filed petition on 20.7.2018 with a prayer to recall the order dated 30.4.2018 by which the OP has been set ex parte. The petition for recalling the order has been dismissed due to lack of jurisdiction of the District Forum to recall an earlier order.

        Learned counsel for the revision petitioner submits that even though the reasons assigned by the learned District Forum rejecting the application for recalling the earlier order cannot be assailed in view of settled legal principle to the effect that State Commissions and District Fora have no jurisdiction to recall an earlier order. unless the revision petitioner is given an opportunity to participate and contest the complaint, the revision petitioner shall be put to irreparable loss.

        Learned counsel for the OP/complainant submits that though the revision petitioner was set ex parte on 30.4.2018, application for recalling the order as well as written version was filed on 20.7.2018. In the meanwhile the complaint petition is lingering. Therefore, in case the revision petitioner is allowed to file written version on recall of the earlier order dated 30.4.2018, the OP/complainant should be reasonably compensated.

       Considering the rival submissions, we are of the considered opinion that the revision petitioner has exhibited the willingness and bonafide to contest the proceeding by filing written version. Therefore, we feel it just and proper to allow the revision petitioner to be given an opportunity to contest the complaint upon payment of reasonable cost to the OP/complainant.

       Accordingly, the revision petition is allowed, impugned order dated 20.7.2018 is set aside and also the order dated 30.4.2018 passed by the learned District Forum in CC No. 68 of 2017 is recalled subject to payment of cost of Rs.5,000/- by the revision petitioner to the OP/complainant.

      Learned counsel for the revision petitioner pays cost of Rs.5,000/- to the learned counsel for the OP/complainant.

In view of the above, it is further directed that parties shall appear before the learned District Forum on 18.2.2019 when the petitioner shall produce certified copy of this order before the learned District Forum upon which the District Forum shall accept the written version and proceed to dispose of the complaint in accordance with law so as to ensure disposal of the complaint by the end of May, 2019.