HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. The instant appeal under section 41 of the Consumer Protection Act, 2019  ( in short, ‘the Act’) is at the behest of the complainant Mrs. Piyali Bhattacharya to assail the order dated 14.03.2023 passed by the Learned District Consumer Disputes Redressal Commission, Unit IV, Kolkata in connection with complaint case No. CC/157/2022 whereby the complaint lodged by the appellant under section 35 of the Consumer Protection Act, 1986 was dismissed for default.

2. The appellant herein being the complainant lodged the complaint before the Learned District Consumer Disputes Redressal Commission, Unit IV, Kolkata on the allegation of deficiency in service on the part of the respondent / opposite party. The appellant lodged the complaint before the Learned District Commission praying for the following  reliefs :-

“a) To admit the complaint case and be pleased to issue notice to the opposite party by showing causes to them as to why the prayer of the complainant shall not be allowed.

b) To direct the opposite party to refund the entire advanced money of Rs.11,50,000/- to the complainant.

c) To pass an order by directing the opposite party to compensate the amount of Rs.5,00,000/- .”

3. In the instant case on the date of passing of impugned order, the complainant did not take any steps. On the previous two days i.e. on 13.02.2023 and 28.02.2023, also, the appellant did not take any steps. As such, the complainant was directed to file show cause and no show cause was filed on the date of dismissal of this complaint. As such, the complaint case was dismissed by the impugned judgment.

4. Learned Advocate appearing for the appellant has submitted that as the case is a meritorious one, an another opportunity may be given to the appellant to proceed with the case keeping in view the object behind the legislation of the Act.

5. Considering the facts and circumstances, and keeping in view of the word ‘protection’ in the Act, we think that another opportunity should be given to the appellant / complainant to place all his cards before the District Commission in accordance with the spirit behind this legislation of the Act for redressal of his grievances.

6. For the reasons aforesaid, the appeal is allowed ex parte on the date of hearing of admission.

7. The impugned order is hereby set aside.

8. The appellant is directed to appear before the Learned District Commission on 15.06.2023 to receive further direction from the said authority. It is also made clear that if the complainant fails to appear on the date fixed or any other subsequent date / dates either by himself or through her Learned Advocate before the Learned District Commission, this order will automatically stand cancelled.

9. The Register of this Commission is directed to send a copy of this order to the Learned District Commission below as early as practicable for information.