Today is fixed for hearing the revisional application on merit. The revisionist Vivekananda Sarkar and the OP Gobindo Chandra Beni are present today. Revisionist is represented through Ld. Advocate B Saha, the OP Gobindo Chandra Beni is present personally who submitted a written argument against the revisional application submitted by the revisionist. The revisional application is heard in presence of both sides.
The fact of the case in nutshell is that the Op no. 1 Gobindo Chandra Beni has filed a consumer complainant against revisionist Vivekananda Sarkar and others claiming compensation and other reliefs for medical negligence, harassment etc. The revisionist Vivekananda Sarkar after receiving the notice as OP no 1 in that case recorded his appearance through their Ld. Advocate by VAKALATNAMA and prays for time for filing W.V. The revisionist could not file WV in due time and accordingly Ld. Forum has decided to hear the case ex-parte against the revisionist that is OP no. 1 vide Order dated 30/3/2017. The revisionist then filed W.V on 18/4/2017 and prayed before the Ld. Forum by a petition to vacate order for hearing ex-parte against him. Ld. Forum has placed said petition for hearing on 11/5/2017 on 11/5/2017. Ld. Forum after hearing the petition dated 30/3/2017 in presence of all sides, was pleased to reject the said petition. Being aggrieved with the said petition, the revision follows on the ground that the order of Ld. Forum suffers from irregularity, which was not vested in law. The OP no. 1 of this revision after receiving the due notice has contested the revisional application case.
Decision with reason,
After hearing both sides, it appears to this Commission that the Ld. Forum has decided to hear the case ex-parte against the revisionist vide order no. 30/3/2017 and fixed next date for hearing the case ex-parte. On 18/4/2017 the Ld. Forum has accepted WV from OP no. 1 that is the revisionist and placed the case for hearing the petition of the revisionist who wanted to vacate order of ex-parte hearing. The acceptance of WV beyond the statutory period of limitation ultimately goes against the own Order of the Ld. Forum dated 30/3/2017.
Ld. Forum had the opportunity to allow the petition dated 18/4/2017 of the revisionist so that he could contest the case on merit, While the Wv was already accepted on the part of the Ld. Forum. So the order of Ld. Forum dated 11/5/2017 appears to be self-contradictory and full of irregularity. The case is still pending for adjudication before the Ld. Forum and for that reason and for the ends of justice, the revisionist should get an opportunity to contest the case as W.V in that case has already accepted by the Ld. Forum.
So, in view of this position, the revisional application should be allowed on its merit.
Hence it is,
Ordered,
That the instant revisional application filed by the revisionist Vivekananda Sarkar against the order of Ld. Forum dated 11/5/2017 is hereby allowed on contest against OP no. 1 and ex-parte against the rest subject of payment of cost or rupees 3000 to be paid by the revisionist to the OP no. 1 that is Gobindo Chandra Beni before the Ld. Forum on next date. The order of Ld. Forum dated 11/5/2017 in CC no. 97/S/2016 is hereby set aside. Ld. D.C.D.R.F., Siliguri is requested to allow the revisionist to contest the case as his W.V now lies with the record and adjudicate the consumer dispute by giving opportunity to all sides to adduce evidences and to dispose of the instant litigation within a short span of time. The revisionist is directed to appear before the Ld. Forum on 28/8/2019 and pay the cost of rupees 3000 to the OP no. 1 Gobindo Chandra Beni. ( Complainant of CC no 97/S/2016)
Let the order be supplied to the contesting parties free of cost and also to be sent to the Ld. D.C.D.R.F., Siliguri by e-mail.
