DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

North 24 Pgs., BARASAT

C.C. No./238/2023

PRESENT                            :- Shri Daman Prosad Biswas……..President.

:- Shri Abhijit Basu…………Member.

Order No.:07

Dated:- 22.12.2023

Today is fixed for order in respect of the petition of O.P No. 1 and 2.

Record is put up for order.

Perused the petition. Petition is registered as M.A. case no. 208/2023.

We find that O.P No. 1 and 2 prayed for vacating of Ex-parte order which has passed against them on 16/10/2023.

O.P No. 1 and 2 filed W/V. On perusal of record we find that O.P No. 2 appeared in this record on 12/09/2023. On 15/09/2023 Ld. Advocate for O.P No. 1 and 2 was present. On that date copy of documents were supplied to the Ld. Advocate for the O.P No. 1 and 2. But O.P No. 2 not yet filed W/V within next 45 days or on 13/10/2023. As the O.P No. 1 and 2 not yet filed W/V within the statutory period this Commission passed the order on 13/10/2023 that the present case shall run ex-parte against O.P No. 1 and 2.

On 21/11/2022 O.P No. 1 and 2 filed W/V and prayed for vacating of order dated 16/10/2023. Now the question comes before this Commission that this Commission has any jurisdiction to vacate the order by which case is running ex-parte against the O.P/O.Ps.

In this context we have carefully gone through the order of Hon’ble Supreme Court (New India Assurance Co. Ltd. Vs. Hilli Multipurpose Cold Storage Pvt. Ltd.) dated 04/03/2020 and decision of Hon’ble Supreme Court reported in 2022 (Live law SC 930). We find that period of filing W/V is 45 days.

We also find the decision of Hon’ble State Commission, West Bengal (Maa Tara Construction and Ors. Vs. Subhankar Banik and Ors.) dated 26/09/2022 we find that Hon’ble S.C.D.R.C held that District Consumer Commission has no power to set aside ex-parte order.

In view of aforesaid situation it is clear before us that this Commission has no power to vacate its own order by which case is running ex-parte against the O.P No. 1 and 2. Hence, we find that aforesaid petition is devoid of merits and same is thus rejected. W/V filed by O.P No. 1 and 2 on 21/12/2023 is not accepted.

M.A. Case No. 208/2023 is thus disposed of.

Today is also fixed for order in respect of M.A. Case No. 209/2023.

Record is put up for order. Perused the petition which has registered as M.A. case no. 209/2023. We find that Complainant by filing the said petition prayed for expunge the name of O.P No. 3.

On perusal of record we find that in the order dated 12/09/2023 it has noted that O.P No. 4 and 5 submitted before this Commission that O.P No. 3 has died. Moreover, Complainant stated in the petition that O.P No. 3 has died. He prayed for expunge of name of O.P No. 3.

Considering the entire matter we think that petition should be allowed.

Accordingly the petition dated 21/12/2023 filed by the Complainant which registered as M.A. case no. 209/2023 is allowed. Name of O.P No. 3 is expunged from the petition of complaint. Note in the petition of complaint.

To 16/01/2024 for filing evidence.

Member                                                      President