Sri Shyamal Gupta, Member

Present Appeal is directed against the order dated 29-03-2017, passed by the Ld. District Forum, Kolkata-I (North) in CC/153/2014, whereof the complaint case has been dismissed. 

The case of the Appellants, in short, is that, owing to absence of their Ld. Advocate on 14-03-2017, they were directed to show cause on 29-03-2017.  However, as they were totally in the dark about the said order, they could not take any step on the date fixed.  As a result, the complaint case was dismissed for default.  It is submitted by the Appellants that they were never reluctant to proceed with the case and barring very few occasions, they quite diligently pursued the complaint case.  Accordingly, the Appellants prayed for setting aside the impugned order.

We have heard both sides and gone through the documents on record.

The lapses, as occurred, do not appear to be intentional.  Given that the complaint case had almost reached its final stage when their Ld. Advocate for the Appellants remained conspicuous by his absence, we do feel that, gross injustice would be meted out to them if they are deprived of the due liberty to prove their case.

Accordingly, in the interest of natural justice, we are inclined to accord due privilege to the Appellants to prove their case.

The Appeal, thus, succeeds.

Hence,

O R D E R E D

The Appeal stands allowed on contest.  The impugned order is hereby set aside.  Parties to appear before the Ld. District Forum on 31-07-2018 for fresh adjudication of the case on merit.