HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. Heard Learned Counsel for the revisionists / petitioners.

2. This revision petition has been filed against the order dated 17.07.2023 passed by the Learned District Consumer Disputes Redressal Commission, Kolkata, Unit II ( Central), ( in short, ‘the District Commission’) whereby the M.A. application being No. 229/2013 for restoration of M.A./588/2022 was rejected.

3. The revisionists filed an application being No. M.A./588/2022 and the revisionists were granted time for hearing the M.A. No. 588/2022 subject to deposit of costs of Rs.1,000/- in favour of the Consumer Legal Aid A/c., Unit II by order dated 21.12.2022. The revisionists have stated that on the date of hearing i.e. on 22.03.2023 the Learned Advocate for the revisionists / petitioners could not appear as because he has wrongly noted the date of the case on his diary as on 23.03.2023, consequently, he was not able to appear on that day and the Learned District Commission was pleased to reject the M.A. Application filed by the revisionists / petitioners on 22.03.2023. As such, the application being No. M.A. / 299 /2023 was rejected.

4. I think that cause shown by the Learned Advocate appearing for the revisionists is sufficient. The order dated 17.07.2023 is liable to be set aside on costs of Rs.5,000/-. The costs shall be paid to the complainant before the Learned District Commission.

5. The revision petition is allowed. The order dated 17.07.2023 passed by the Learned District Commission in connection with Case No. C.C./281/2019 is hereby set aside. The revisionists / petitioners shall pay the costs of Rs.5,000/- to the complainant before the Learned District Commission along with certified copy of this order.

6. The District Commission is directed to restore the M.A. Application being No. 299/2023 and to consider the same in accordance with law as early as possible.

7. The Learned District Commission is also directed to proceed and decide the complaint in accordance with law.

8. The revision petition is thus disposed of accordingly.

9. Let a copy of this order be sent to the Learned District Commission within 5 days.

10. Office to comply.