Order No. 2
Ld. Advocate for the petitioner is present.
The Misc. Application filed on 27.12.2023 and restored on 21.02.2024 filed by Gurmeet Kaur/petitioner, the legal heir of the deceased complainant is taken up for hearing.
Perused. Considered. Heard.
The petitioner submits that her husband Nirmal Singh, since deceased, filed CC/125/2015. As the opposite party failed to file written version within the statutory period, the Commission had been pleased to fix the case ex-parte vide order no.8 dated 12.05.2016. The opposite party being agreived, preferred Revision being RP/128/2016 against the said order before the Hon’ble SCDRC, Kolkata.
The Hon’ble SCDRC, Kolkata had been pleased to affirm the order no.8 dated 12.05.2016. Thereafter the opposite party preferred Revision being no. RP/486/2018 before the Hon’ble NCDRC, New Delhi. During the pendency of the Revision before the Hon’ble NCDRC, New Delhi, the complainant Nirmal Singh died intestate on 17.08.2017 leaving behind his wife Gurmeet Kaur, the petitioner herein, and two daughters namely Amandeep Kaur and Simrandeep Kaur as his legal heirs and their names were substituted in the Revision Application before the Hon’ble NCDRC, New Delhi vide order dated 25.02.2020 passed in IA2615 of 2020 arising out of RP/486/2018 by the Hon’ble NCDRC, New Delhi. It is also stated that the Hon’ble NCDRC, New Delhi vide its order dated 07.11.2023 allowed the RP and directed both parties to appear before the District Commission on 18.12.2023 for compliance of the direction given in the judgment dated 07.11.2023. But it appears that on 16.12.2022 the instant CC/125/2015 has been dismissed for non prosecution without cost. The petitioner submits that there is no fault on the part of the petitioner and if the complaint case is not restored the petitioner shall suffer irreparable loss and injury. On perusal of the record we find that the Data Management Assistant (DMA/O.A.) Sri Subhadeep Chatterjee submitted in his report that RP/128/2016 has been dismissed by the Hon’ble SCDRC, Kolkata on 25.10.2017 and no case is pending before any higher Commission.
Thereafter the Commission had been pleased to show cause the complainant vide order no.12 dated 07.12.2022 as to why the complaint case shall not be dismissed.
As the complainant had not filed any show cause on 16.12.2022, the Commission has been pleased to dismiss the complaint case for non prosecution without cost.
On receiving of the instant application the President of the Commission directed Sri Subhadeep Chatterjee to submit his explanation. In reply Sri Subhadeep Chatterjee admitted his fault and submitted his apology.
It is apparent on the face of the record that there is an apparent error in passing order no.13 dated 16.12.2022 on the basis of incorrect report of Sri Subhadeep Chatterjee, Data Management Assistant (DMA/O.A.).
Therefore we are of the opinion that order no.13 dated 16.12.2022 deserves to be set aside at once.
Hence, it is ordered that the Misc. Application dated 21.02.2024 is allowed and disposed of.
Let the CC/125/2015 be restored to its original file and number.
Office to comply.
