This appeal is directed against the final order dated 26/12/2018 delivered by Ld. D.C.D.R.F Coochbehar in CC no 59 of 2018. The fact of the case in nutshell is that the appellant complainant registered a consumer complaint against lovely distributors pvt. Ltd and others (OP no 1 to 3). All the three Ops after receiving notice appeared before the Ld. Forum. But OP no 1 and 3 could not file W.V. within 45 days and for that reason they were debarred in contesting the case. The OP no. 2 was contesting the case by W.V. The next date of the case was fixed on 26/12/2018. On that day the complainant could not take any steps and Ld. Forum has dismissed the consumer complaint for default on the part of the complainant. Against that order this appeal follows on the ground that order of the Ld. Forum suffers from irregularity.

The respondents of this appeal after receiving notice of appeal has contested the appeal case through Ld. Advocates.

The appellant and the respondents have conducted the hearing of appeal through their Ld. counsels.

Decision with reason

Having heard the Ld. Advocates of all the concerned parties to this case and after plain reading of sub-section (2) of sec 13 of CP Act, 1986. Would highlight the fact that a consumer dispute under the Act can be settled by Ld. District Forum only on the basis of some evidences and shall be disposed of the dispute on merit. Particularly where the OP has already contested the dispute by W.V. The Ld. Forum had no other option but to dispose of the dispute after going into the merit of the case. Here in this case the date 26/12/2018 was fixed for evidences of both parties. On that date the contesting OP no. 2 submitted an adjournment petition. The complainant did not take step. In that given situation the only option was there, either to settle the dispute on merit after going through the pleadings of the parties with consultation of the listed documents or to extend the time for hearing by fixing another date. But the order of dismissal of consumer complaint on 26/12/2018 is not only unjustified, but also miscarriage of justice.  So, the appellant has merit in this memo of appeal.

Hence, it is ordered,

That the instant appeal is allowed on contest without cost. The final order of Ld. D.C.D.R.F Coochbehar dated 26/12/2018 in CC no 59 of 2018 stands set aside.

Ld. Forum is requested to fix another date of this case and record the evidences of the complainant and OP no. 2 and there after dispose of the instant consumer dispute in accordance with the provisions of the CP Act, 1986 as early as possible. Both the complainant and OP no. 2 are asked to appear before the Ld. Forum on 5/4/2018.

Let free certified copy of this order be supplied to the parties. Ld. Forum also to be communicated with this order through e-mail.