Hon’ble Mr. Ajeya Matilal, Presiding Member

          Today is fixed for ex parte hearing of FA/786/2017.

          Heard the Ld. Advocate for the appellant. The appellant filed BNA. Heard the submission for the Ld. Advocate for the appellant.

          It appears that the appellant preferred this appeal against the judgment dt. 05.05.2027 in CC/242/2016 passed by Ld. DCDRC, Burdwan allowing the case ex parte. The Ld. Advocate for the appellant submitted that there were some defects of the parties in the impugned judgment. He further submitted that the appellant / OP were not aware of the proceedings. So, they could not take steps before the Forum below. He also submits that they are willing to contest the case before the Ld. Commission below.

          I am of the view that the matter requires to be remanded back to the Ld. Commission below with the appropriate direction. So, considering the facts and circumstances of the case I am of the opinion that an appropriate order should be passed.

          Accordingly, A/786/2017 is allowed ex parte with the cost of Rs. 2000/- payable to the respondents and the amount specified be deposited before the Ld. Commission below within 15 days.

          The impugned judgment is set aside.

          Parties are directed to appear before the Commission below on 27.09.2023.

          The Ld. DCDRC, Burdwan shall dispose of the matters after giving opportunity of being heard to the both sides including cross examination by the OPs, filing W.V by them against the complainant adducing evidence by the appellant / OP within two months from 27.09.2023 without being influenced by any observation made by this Commission.

          Order of stay, if there is any, stands vacated.

          Let a copy of this order be sent to the Ld. Commission below.

          Joint Registrar of this Commission is directed to do the needful in this regard.