This revision is directed against the order dated 04/04/2019 delivered by the Ld. D.C.D.R.F, Malda in CC/12/2018. The fact of the case in nutshell is that one Golam Rabbani registered a consumer complaint against the revisionist company under section 12 of the CP Act, 1986. The revisionist company in spite of receiving the notice in due time could not submit the written version to challenge the consumer complaint in due time and for that reason, Ld. Forum vide order no. 11 dated 04/04/2019 has decided to hear the case ex-parte against the revisionist company.

            Being aggrieved with this order this revision follows on the ground that:  -

            Due to long pending cease work on the part of the Malda Bar Association, the revisionist party could not submit the written version and for that reason, he lost a chance to contest the case by filing their version. Now, they want to contest the case and for that reason, this revision is registered here. The revisional application was admitted on merit and the OP/complainant G. Rabbani was served notice of revision who has received the said notice of revision on 29/08/2019 and thereafter he was provided the opportunity to hear the revision on 17/09/2019 and 25/10/2019. In both the two occasions the OP could not record the presence and today also none appears on his behalf to contest the revision. So, the revision was heard in presence of the Ld. Advocate of the revisionist Mr. B. Maitra.

DECISIONS WITH REASONS

The Bar Association’s resolution copy dated 27/04/2018 is produced on the part of the revisionist which speaks that due to an untoward incident, the Malda Bar Association was abstained from participating in the proceedings before the Ld. Forum, Malda and for that reason, many of the litigants could not be provided sufficient opportunities to contest the cases before the Ld. Forum, Malda. And in this case also the revisionist submitted that the revisionist also could not get any opportunity to contest the case as the lawyers of the Malda Bar Association was not agreed by its members to participate in the judicial proceedings before the Ld. Forum and for that reason, the written version could not be submitted in due time. This circumstance is the most extraordinary one and for that reason, no party of any litigation should be suffered due to resolution of any legal Bar Association and in this context, the Commission finds it necessary to allow the revisional application, so that, the revisionist could get an opportunity to contest the case before the Ld. Forum. Accordingly, the revisional application is hereby allowed on its own merit against the Op G. Rabbani. The order of Ld. Forum, Malda dated 04/04/2019 in reference to CC/12/2018 is hereby set aside. The revisionist shall have the liberty to file the W.V positively before the Ld. D.C.D.R.F, Malda in CC no. 12 of 2018 within 30 days from the date of receiving this order of this Commission. The Ld. Forum is requested to accept the W.V if the revisionist submits the same within 30 days from the date of receipt of copy of order. Thereafter, the Ld. Forum shall adjudicate the dispute as soon as possible.

            Let the copy of this order be supplied to the parties free of cost and the order be communicated to the concern Ld. Forum through e-mail.