No. 3/03.05.2010

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. S. K. Das, the Ld. Advocate is present.  Mr. Kali Prasad Ghosh, the Ld. Advocate files fresh Vokalatnama on behalf of sole Respondent.  Heard Mr. Das, the Ld. Advocate in support of the appeal and Mr. Ghosh, the Ld. Advocate for the Respondent.  The appeal was filed against the order dated 07.01.2010 passed by C.D.F., Hooghly in CC 154 of 06 whereby the complaint was allowed and appropriate directions were given against the O.P. for payment to the Complainant including litigation cost.  The relevant facts in the complaint are that the Complainant stored potatoes in the cold storage of the O.Ps and when the potatoes was not returned the complaint was filed.

Mr. Das, the Ld. Advocate appearing for the Appellant mainly argues that the O.Ps – Appellants were deprived of the actual opportunity to produce further evidence as by order No. 58 dated 15.09.2009 the Forum below deprived the O.Ps from such opportunity.  We have perused the records of the Forum and the original Order No. 58 dated which is as follows :

“The Complainant is present.  The O.Ps file a petition praying for time on the ground stated thereon.

On repeated calls, none on behalf of the O.Ps is present.  As several dates have been allowed to the O.Ps, we are reluctant to give further date.  Hence the petition of the O.Ps is disallowed.

           To 20/10/09 for hearing argument.”

From the aforesaid we find that the O.Ps though filed an application for adjournment but did not appear and did not also respond when the matter was called.  The Forum below took into consideration repeated adjournments on behalf of O.Ps and the conduct of the O.Ps on the concerned date.  Accordingly we find that the Forum was right in taking the said decision and it does not appear that the O.P. was serious in proceeding with the matter and, therefore, it cannot be held that the O.P. was deprived of any opportunity to which they were entitled.  As no other point was argued and we also do not find any irregularity in the impugned order the same is hereby confirmed.  The appeal is also dismissed.  There is no order as to cost.