Order No. 6 date: 01-08-2018

This Revision emanates out of the Order dated 11-04-2017, passed by the Ld. District Forum, Burdwan in CC/46/2016, whereof prayer of the Revisionist for acceptance of its WV was turned down by the Ld. District Forum.

The case of the Revisionist, in short, is that, after receiving the summon of the complaint case, it appeared before the Ld. District Forum. On 08-03-2017, due to wrong posting of the date in his diary, the Ld. Advocate could not appear before the Ld. District Forum to file the WV though the same was lying ready with him which prompted the Ld. District Forum to proceed ex parte against the Revisionist.  Stating that it was totally an unintentional laches on its part, the Revisionist prayed for due liberty to defend its case before the Ld. District Forum.

Notice was duly served upon both the Respondents.  The Respondent No. 1 though appeared through his Ld. Advocate by filing vakalatnama once, subsequently there was no show of him.  Therefore, only the Ld. Advocate for the Revisionist was heard at the time of final hearing.

Perused the material on record. Considered.

The Revisionist although not filed complete set of order sheets of the complaint case, on a reference to the Confonet website, I find from the order sheets passed in the complaint case that on 13-01-2017, the Revisionist appeared before the Ld. District Forum for the first time, but did not file any WV.  Thereafter, on 13-02-2017 and again on 08-03-2017, it did not submit any WV and only on 11-04-2017, it expressed its desire to file WV in the complaint case. 

From the above details, it becomes quite clear that even if benefit of doubt is accorded to the Revisionist for non-filing of the WV on 08-03-2017, still the reason behind non-submission of WV on 13-01-2017 or on 13-02-2017 remains inexplicable, which manifests laches on its part beyond any doubt. This is against the spirit of Consumer Protection Act.

In any case, in the interest of natural justice, I am inclined to allow this Revision with a cost.

Hence,

O R D E R E D

The Revision stands allowed ex parte against the Respondent Nos. 1&2 with a cost of Rs. 10,000/- being payable by the Revisionist to the Respondent Nos. 1&2.  The impugned order is set aside subject to payment of aforesaid cost.  Parties to appear before the Ld. District Forum on 04-09-2018 for payment of cost.