No. 7/04.04.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Appellant through Mr. Nil Ratan Ray, the Ld. Advocate and Respondent through Ms. Mahamaya Pal, the Ld. Advocate are present. 

This appeal is by the Kolkata Municipal Corporation and Others against the judgement and order dated 14.07.2010 passed by the District Consumer Disputes Redressal Forum, South 24 Pags.  Evidently the aforesaid judgement has been passed in the complaint case after hearing the same in the absence of the O.Ps.  The said O.Ps entered appearance and contested the case by filing Written Version but unfortunately on the date of final hearing none could be present on behalf of the O.P.  It has been submitted on behalf of the O.Ps – Appellants that since the Ld. Advocate was lying ill  so he could not be present at the date of hearing of the complaint case.  As there is no provision for setting aside the ex-parte order passed by the District Forum, so the above appeal has been filed against the impugned judgement and order only for the purpose of setting aside the same and thereby giving a chance to the O.Ps to contest the complaint case.

Regard being had to the aforesaid facts and circumstances of the case and upon hearing of the Ld. Advocate for the parties and more particularly the fact that the O.Ps all along contested the case by filing Written Version and by leading evidence in the proceeding we are satisfied that the O.Ps were prevented from appearing on the date of hearing of the complaint case because of the illness of the Ld. Advocate for the O.Ps.

For the reasons aforesaid the impugned order is set aside.  The complaint case is remanded back to the Forum below for fresh disposal by giving opportunity of hearing to the parties of the complaint case.  It is made clear that neither of the parties would be allowed to lead any further evidence in the aforesaid complaint case.  The appeal is thus disposed of.