Sri Shyamal Kumar Ghosh, Presiding Member

The instant revision petition has been filed by the Revisionist/Opposite Party,  the Manager(Customer Care), Mahindra Finance challenging the order impugned order dated 07.12.2021 passed by the Ld. DCRC, Kolkata Unit-I in connection with Consumer Case being No. CC/47/2021 praying for providing opportunity for filing written version before the Trial Commission and for accepting the same.

We have heard the Ld. Advocate appearing for the Revisionist/Petitioner at length and in full.

We have considered the submissions of Ld. Advocate.

We have meticulously perused all relevant documents and papers lying in the case record.

We have perused the order no. 8 dated 07.12.2021 passed by Ld. Trial Commission which is reproduced as follows:-

“Ld. Advocate for the complainant is present.

None present on behalf of o.p.

Ld. Advocate for o.p. no. 2 appearing on the last occasion and filed this MA application for expunging the name of o.p. no. 2 from this case.

The MA/16/2021 be analogously hearing with this main case.

Hence, MA/16/2021 be tagged with the CC/47/2021.

Fix 10.02.2022 for hearing of MA application in respect of MA/16/2021 and also file affidavit in chief by the complainant”

 In pursuant to the above order impugned, I do not find any  such whisper for closing the opportunity for filing written version   at the behest of the OP/the Manager (Customer Care) Mahindra Finance.    It is also fact that the matter has not been fixed for ex parte hearing against the Revisionist/Petitioner.

By virtue of order dated 07.12.2021, the Ld. Trial Commission has been pleased to fix a date for hearing of MA application being no. MA/16/2021 and also for filing affidavit in chief by the complainant.

Upon careful perusal of the four corners of the record, it appears to me that  the revisionist/petitioner has failed to challenge  the actual, specific  and particular  order passed by the Ld. Trial Commission.

Keeping in view of the above observation, I think that the proper and specific order  should be challenged  by the Revisionist/petitioner.  But to no effect. The prayer of the Revisionist/petitioner is not at all corroborated with the order impugned dated 07.12.2021 passed by the Ld. Trial Commission.

Accordingly, there is no hesitation to hold that the instant revision petition  has no leg to stand upon. Hence, the instant RP stands rejected without any order as to costs.

Note accordingly.

Let a copy of this order be transmitted to the Ld.  DCDRC   for compliance and for taking necessary action.