Today is fixed for admission hearing of revision application filed by M/S Cholamandalam GIC. Ltd. against the order of Ld. DCDRC, Dakshin Dinajpur dated 29/08/2022 in CC No. 38 of 2022.

Ld. Advocate Mr. J.P Pawa moves the revisional application.

It appears that one Chandan Saha Choudhury registered the instant Consumer Complaint against the revisionist U/S 35 of CP Act, 2019.

The said complaint was admitted in due course and notice was sent to Revisionist. (OP) who appeared on 17/06/2022 and time was sought for filing WV. Ld. DCDRC extended the time to file WV on 04/07/2022.

On 04/07/2022 the revisionist OP could not file WV and prayed further time. Ld. DCDRC could not extend the time to file WV as 45 days was already over.

So, Ld. DCDRC placed the case for exparte hearing on 25/08/2022. The evidences of complainant furnished on 25/08/2022 and date of hearing exparte argument fixed on 16/09/2022. On 29/08/2022 the OP (Revisionist)  files a review  petition U/S 40 of CP Act 2019 for vacating the exparte order and on that date the revisionist (OP) files WV also. The Ld. DCDRC rejected the review petition on the ground that the Ld. Dist Commission got no power to vacate the exparte order. But Ld. Dist Commission allowed the WV to be kept with the record.

The said order dated 29/08/2022 has challenged here in revision.

After hearing the Ld. Advocate of the revisionist and after going through the new provision included in Section 40 of CP Act, 2019, it has become crystal clear that while WV of OP/Revisionist was allowed to be kept with the record. Ld. Commission had enough power to vacate the order for hearing the case exparte Section 40 of new Act sufficiently empowered, the Ld. Dist Commission to do so for the ends of justice. The doctrine of natural justice also demands the same.

So the order dated 29/08/2022 passed by Ld. Dist Commission appears to be erroneous with apparent mistake.

The date of the case fixes on 16/09/2022 (tomorrow) before the Ld. Dist Commission. So without consuming time, it is better to ask the Ld. Dist Commission to give the opportunity of the revisionist to contest the instant dispute on merit, while the WV has already filed by the revisionist and be accepted by the Ld. Dist Commission.

So, there is no need to issue notice upon the OP of revision. The revision petition is admitted and disposed of on merit.

Hence, it is ordered

That the instant revisional application filed by the OP of CC No. 38 of 2022 pending before the Ld. DCDRC, Dakshin Dinajpur in respect of order  passed by the said Ld. Dist Commission dated 29/08/2022 is hereby allowed on merit.

The impugned order of Ld. DCDRC, Dakshin Dinajpur dated 04/07/2022 and 29/08/2022 stand set aside in connection with CC No. 38 of 2022.

Ld. DCDRC Dakshin Dinajpur is requested to accommodate the revisionist (OP of that case), so that the OP (revisionist) can got opportunity to contest the instant Consumer case.

Let a copy of this order be handed over to the revisionist and communicated the same of the Ld. DCDRC, Dakshin Dinajpur to do the needful.