No. 4/01.07.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

The Revision Petitioner is present through Ld. Advocate.  O.P. is absent on calls.

This revisional application is by the O.Ps to the complaint case against the orders whereby the petition for condonation of delay in filing the complaint case has been allowed without giving any opportunity of hearing the to the O.P. and further refused to hear the same on contest in presence of the said O.P.

Evidently the complaint case was accompanied by a petition under Section 24A of the Consumer Protection Act, 1986 for condonation of delay in filing the said complaint case.  The said petition was allowed ex parte by an order dated 17.05.2010 without giving notice of the same to the O.P.  The O.P. after having entered its appearance in the complaint case filed a written objection to the said petition under Section 24A which again was not heard on contest, on the contrary the order allowing the petition for condonation of delay was maintained only on the ground that it was allowed earlier before the appearance of the O.P. in the complaint case. 

It is well settled principle of law that once a cause of action became barred by limitation then a right accrued in favour of the party against whom such cause of action arose.  Such right cannot be taken away without an opportunity of hearing to the said party.  In the case in hand it is crystal clear that the delay in filing the complaint case was condoned by the Forum below without any opportunity of hearing to the O.P.  The said order for condonation of delay was, therefore,  in absolutely illegal exercise of jurisdiction.  The said order cannot accordingly be sustained.  The same, therefore, set aside.  The revisional application is thus allowed.  The District Forum below is accordingly directed to dispose of the aforesaid petition under Section 24A of the said Act as filed by the Complainant afresh in presence of both the parties.