KUNDAN KUMAR KUMAI

This is an application u/s 47 of the Consumer Protection Act, 2019, preferred against the order dated 01/03/2024, passed by the Ld. DCDRC, Darjeeling, in CC/12/2023.

The Revisionist’s case in brief is that, the OP/Complainant, had filed a claim before the Ld. DCDRC, Darjeeling, with necessary prayers. The Revisionist could not appear, on the date fixed and thereafter the right to file written version had been withdrawn and the case had been fixed for ex-parte hearing. The Revisionist, had then preferred an application u/s 40 of the Consumer Protection Act, 2019, to review the order no.4 dated 02/02/2024. After hearing the parties, the impugned order had been passed, rejecting the petition u/s 40 of the Consumer Protection Act, 2019.

Being aggrieved by the above order, the Revisionist preferred this instant revision, on the ground that the Ld. DCDRC, Darjeeling, had erred in law and facts, while passing the impugned order.

Decisions with Reasons

Ld. Advocate for the Revisionist, at the time of final hearing, submitted that the Revisionist be at least provided with an opportunity to file Questionnaires and WNA.

Ld. Advocate for the OP/Complainant on the other hand had submitted that necessary order be passed.

It is well settled law, that after the statutory period of 30 and 15 days, the right to file written version under the Consumer Protection Act, 2019, stands extinguished. It is also well settled, that the right to file Questionnaires and WNA and make arguments, still exists, in view of the judgements passed by the Hon’ble Supreme Court as well as the Hon’ble NCDRC. Under the circumstance, the instant revision fails.

It is therefore,

                                                                ORDERED

That the instant revision be and the same is dismissed on contest, but without cost.

The impugned order is hereby upheld. However, the Revisionist be provided with an opportunity to file Questionnaires, WNA and submit arguments.

Copy of the order be sent to the parties, free of cost.

Copy of the order be sent to the Ld. DCDRC, Darjeeling, for necessary information.