Hon’ble Mr. Ajeya Matilal, Presiding Member

Ld. Advocates for both sides are present.

Being aggrieved by and dissatisfied with Order No.5 dated 27.09.2023 passed by Ld. DCDRC, Kolkata Unit-III (Alipore) in CC/233/2023 fixing 18.12.2023 for filing affidavit by the Complainant/Respondent No.1 and ex-parte hearing, the Revisionist prefers this instant revision.

It appears from the impugned order that the Opposite Parties failed to file written version within the statutory period of 45 days. So, the Forum Below passed an order for ex-parte hearing against the Opposite Parties.

Ld. Advocate for the Opposite Parties submits that there was a confusion in mind of the Opposite Party to the effect that whether the complaint has been sent in the proper address. It is admitted position that there was an order of ex-parte hearing and the Revisionist filed the instant revision for getting an opportunity of being heard before the trial forum.

So, we are of the view, for proper adjudication of the disputes between the parties, opportunity should be given to the parties concerned.

So, in view of above observation, the instant revision should be allowed. The Order of ex-parte hearing should be set aside.

Hence, it is ordered

RP/160/2023 is allowed on contest.

The parties are directed to appear before the Forum Below on 20.11.2024 and the Opposite Parties shall file written version before the Forum Below on that day.

The Ld. Forum Below is requested to dispose of the case from the date of appearance of the parties within two months in accordance with law observing all formalities without being influenced by any observation by the Court.

There shall be no order as to the costs.

The Revision being No.RP/160/2023 is disposed of accordingly.