SAMIKSHA BHATTACHARYA, MEMBER

      Ld. Advocate for the Revisionist is present. There is a delay of 257 days.  Heard the Ld. Advocate and perused the materials on record. For the ends of justice in this pandemic situation  let the revision petition be admitted and registered.

      The instant revision petition has been directed by the Revisionist / OP Nos. 1 & 2 of the complaint case being No. 390/2020 pending before the Ld. Additional Consumer Disputes Redressal Commission (ACDR Commission),  Rajarhat, New Town against the order dated 01.03.2021.  The Ld. ACDR Commission, Rajarhat, New Town has passed the following order on 01.03.2021 :

     “The Ld. Counsel for the complainant is present.  The OP-1 & 2 are present through the Ld. Advocate and the OP-3 is also through the Ld. Counsel. Today is fixed for hearing on the MA-10/2021 filed by the OP -3 praying for expunging their names and addresses from the cause title of the complaint. Today is also fixed for filing written version by the OP-1 and . By filing an application the said OPs pray time for filing written version. Upon considering the postal track reports filed by the complainant it is notice by us that since receipt of the notices till date statutory period for filing written version will be over, if further time is allowed. Hence we are not inclined to allow the time prayer of the OP-1 and 2. Therefore the complaint will run exparte against the OP-1 and 2.”

       Being aggrieved by and dissatisfied with the  aforesaid order OPs No. 1 & 2 preferred the instant revisional application

    The Ld. Advocate for the Revisionist has submitted before us that the OPs No. 1 & 2 filed the instant Revision Petition only challenging the aforesaid part of the order dated 01.03.2021. He has also  submitted before us that due to pandemic situation of COVID-19 the OPs No. 1 & 2 could not consult the Ld. Advocate and therefore the OPs No. 1 & 2 missed the opportunity to file the written version on the date fixed.  It is true that 45 days, which is statutory period for filing written version by the OPs from the date of receipt of notice, was over. However, for the ends of justice and for finality of the litigation we are in the view that consumer complaint should be decided on merit. It is to be mentioned here that the instant Complaint case was admitted before the ACDR Commission, Rajarhat on 21.12.2020 and the Ld. Commission has fixed the date on 28.01.2021 for S/R and Appearance. On 28.01.2021 the Ld. District Commission passed the order :  “ Op 1 and 2 entered  appearance by filing Vokalatnama and also filed w/v with a copy to the other side . Record reveals that MA/10/2021 is pending for hearing. The complainant prays time for hearing argument on the said MA. Fix 01.03.2021 for hearing on the said hearing, W/O if any, be filed, in the meantime. Op 1 & 2 have prayed for adjournment, for filing w/v.”  On the very next date i.e. on 01.03.2021 the Ld. District Commission fixed the case exparte against OPs No. 1 & 2.  In our view  for comprehensive adjudication of the complaint on merit it is just and appropriate to allow the OPs No. 1 & 2 to disclose their defence in the form of  written version so that complaint case would be disposed of on merit.

      In view of above the prayer of Revisionist is allowed . Thus the first part of the impugned order dated 01.03.2021 quoted in the earlier part of this order  in CC/390/2020 passed by Ld. ACDR Commission, Rajarhat, New Town is set aside. Other parts of the order remain unaltered. OPs No. 1 & 2 are directed to file their written version on 14.03.2021 before the concerned Ld. ACDR Commission, Rajarhat, New Town.   The Revision Petition being No. RP/11/2022 is allowed and disposed of.