Sri Utpal Kumar Bhattacharya, Member
Instant Revision Petition u/s 17(1)(b) of the C P Act, 1986 has been filed by the Revisionist/OP challenging the Order No. 9 dated 27/02/2017 passed by the Ld. District Forum, Burdwan in Complaint Case No. 159/2016 wherein the Ld. District Forum, without hearing the case ex-parte, as was fixed in the last order, considered a petition filed by the Revisionist/OP praying for vacating the order of ex-parte hearing and rejected the said petition in view of the Forum being not empowered to review or recall its own order. The ex-parte hearing was fixed further on 27/03/2017.
Ld. Advocate for the Revisionist/OP submitted that the W V could not be submitted in time as the Revisionist/OP was not able to collect all papers necessary for filing the same. As she continued to submit, the case had strong merit in favour of the Revisionist/OP and its interest would be seriously jeopardized if it was not given an opportunity of being heard.
Ld. Advocate appearing on behalf of the Respondent/Complainant objected to the prayer put forward by the Ld. Advocate for the Revisionist/OP. As he continued, the Ld. Forum rightly passed the impugned order after sufficient opportunity was given to the Revisionist/OP for filing the W V. He prayed for the Revision Petition to be dismissed.
We perused the papers on record and considered submissions of the Ld. Advocates appearing on behalf of both sides. As we have decided many a times earlier, we preferred to get the instant case decided on merit without being hyper-technical to allow the case to be dismissed merely on technical ground.
In view of the above, we set aside the impugned Judgment and Order subject to payment of an amount of Rs. 10,000/-as penalty to be paid in equal share in Consumer Welfare Fund of the Ld. District Forum and State Commission.
Both the parties are directed to appear before the Ld. District Forum on 27.01.2020. The Revisionist /OP shall comply with the instant order prior to appearing before the Ld. District Forum on the date mentioned above. Ld. District Forum shall accept the W V to be filed by the Revisionist/OP and dispose of the case observing all required formalities and by passing a reasoned order.
