Sri Shyamal Gupta, Member

Aggrieved with the order of the Ld. District Commission, Nadia dated 25.02.2019 in Complaint Case No. CC/221/2018 this revision petition is moved by the Revisionist/OP No. 1.

During the course of agreement, Ld. Advocate for the Revisionist submits that in the order dated 25.02.2019 the Ld. Forum did not mention on which date the OPs have received the notices. If the statutory period is over, then obviously the Ld. Forum is empowered to fix ex parte argument. But before fixing ex parte proceedings, the dates of receipt of the notices is required to be mentioned in the order sheet. As there is no mentioning to this effect, the order dated 25.02.2019 suffers from its infirmity, which is liable to be set aside.

Ld. Advocate for the Respondent/Complainant admits the position.

Perused the order dated 25.02.2019 which speaks as follows:-

“Today is fixed for S/R and appearance of the OPs.

The Complainant filed hazira through Ld. Lawyer.

As per the track reports given by the Complainant as well at as per the service notices were found delivered to all O.Ps but none reported with any step to day.

Hence, the Complaint be proceeded ex parte against all O.Ps.

Fix 22.04.2019 for hearing of arguments.”

The approach of the Ld. District Commission is in contravention of the provision of Section 13(2)(b)(i) of 1986 Act. Accordingly the Principles of natural justice have not complied with as enumerated in Section 13(3) of the Act.

The Revision stands allowed. The impugned order is hereby set aside with cost of Rs.5,000/-. Parties to appear before the Ld. District Commission on 12.11.2021 and OP should submit the W.V on that date. Ld. DCDRC is advised to proceed with the case in accordance with the law as expeditiously as possible.