Hon’ble Mr. Ajeya Matilal, Presiding Member

Ld. Counsel appearing for the Appellant is present.

Ld. Counsel for Respondent Nos.1, 2 & 3 is also present.

Today is fixed for submission of BNA by the Appellant/Punjab National Bank.

Appellant/Punjab National Bank files BNA.

Copy served.

Let the BNA be kept with the record.

Heard the submissions of the Ld. Counsels.

Considered.

Being aggrieved and dissatisfied with Order dated 17.08.2022 in CC/155/2021 passed by Hon’ble DCDRC, Howrah allowing the complaint case ex-parte and directing them to pay Rs.8,40,618 (Rupees Eight lakh forty thousand six hundred and eighteen) only along with an interest @ 8% p.a. from the date of starting of the dispute till the final realization and the Opposite Parties were directed to pay the Complainants within 45 days, from the date of this order, Appellant/Opposite Party preferred this Appeal.

In the impugned order the Opposite Party was also directed to pay Rs.10,000/- (Rupees Ten thousand) only in favour of the Complainant as compensation and Rs.5000/- (Rupees Five thousand) only as litigation cost.

Ld. Counsel for the Appellant submits that due to the period of Covid he could not appear before the Court below.  In reply Ld. Counsel for the Respondent submitted that the Opposite Party filed W/V but it was not accepted by the Ld. Trial Court.

I find the matter was decided ex-parte and it appears that the Appellant is interested to contest the case.  So, I am of the view that an opportunity should be given to him for doing the same.  So, for the aforesaid reasons I am of the view that the impugned order cannot be sustained.

Hence, it is

ORDERED

that FA/297/2022 is allowed on contest subject to payment of cost of Rs.5000/- (Rupees Five thousand) only payable to the Respondent.

The impugned order is set aside.

Parties are directed to appear before the Commission below on 04.12.2024.

Ld. Commission below is requested to consider the W/V filed by the Opposite Parties which is already on record.

Ld. Commission below shall dispose of the case in accordance with law after giving an opportunity to the parties of being heard preferably within three months from the date of apperance of the parties.

The cost is to be paid on the date fixed by the Appellant.

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

Thus, the Appeal being No.297/2022 is disposed of.

Note accordingly.

Let the copy of this order be sent to the DCDRC, Howrah.