Heard learned counsel for both sides.

2.      Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.   The case of the complainant in nutshell is that the complainant booked two consignments with the OP on 8.9.2008 for their dispatch to M/s Shree Venkateswar Agency, Berhampur and M/s Shree Durga Pharmaceutical, Berhampur. Thereafter, the consignments did not reach the destination. In spite of all efforts of the complainant, it was in vain. So the complaint was filed.

4.      OP filed written version stating that the case is bad for non-joinder of necessary party and barred by limitation u/s 24A of the Act.

5.      Learned District Forum after hearing both parties dismissed the complaint due to non-joinder of necessary party.

6.      Learned counsel for the appellant submitted that learned District Forum has committed error in law by dismissing the complaint on flimsy ground and seeks permission to amend the cause title. He further submitted that the consignments were booked at Flyking Courier Service, B.K.Road, Cuttack but complainant made the OP- Flyking Courier Service, College Square, Cuttack, which is the main office. So, the main office is liable to pay the cost of consignments. The learned District Forum ought to have considered such facts and materials on record and pass order. So, he submitted to allow the appeal by setting aside the impugned order.

7.      Learned counsel for the OP submitted that the consignments were booked at Flyking Courier Service, B.K.Road, Cuttack but the complainant made the OP  Flyking Courier Service, College Square, Cuttack as party to the case. The complainant was asked to amend the cause title of the complaint but he did not turn up. However, he supports the impugned order.

8.      Considered the submission of learned counsel for  both parties and perused the DFR including the impugned order.

9.      It is admitted fact that the complainant has booked the consignments at Flyking Courier Service, B.K.Road, Cuttack but made the Flyking Courier Service, College Square as OP.  It is also admitted fact that OP has not used such centre. When the complainant has not made the Flyking Courier Service, B.K.Road as a party, the case is bad by non-joinder of necessary party. Therefore, we are of the view that the case should be remanded to the learned District Forum for fresh disposal on merit after adding Flying Courier Service, B.K.Road as OP. We give such opportunity to the complainant  because the aims and objects of the Consumer Protection Act is to uphold the right of the consumers.

10.    Therefore, we hereby set aside the impugned order and remand the matter to the learned District Commission with direction to give opportunity to the complainant to file amendment petition and make proper OP as necessary party to the complaint within a period of one month from the date of receipt of copy of this order and direct newly added OP to file written version within time limit and thereafter direct both parties to adduce evidence, if any and dispose of the matter within two months.  Both parties are directed to appear before the learned District Commission on 20.6.2022 to receive further instruction from it. It is made clear that this Commission has not given any opinion on the merit of the case and the learned District Commission shall dispose of the case in accordance with law on the materials produced before it.

        Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.