- Heard counsel for the appellant.
- The above appeal has been filed against the order of West Bengal State Consumer Disputes Redressal Commission, Kolkata, dated 17.06.2022, passed in CC/454/2018, whereby the complaint has been dismissed in default of the complainant.
- The Office has submitted the report that there is delay of 70 days in filing the appeal. The appellant has filed IA/9159/2022 for condoning the delay in filing the appeal. Earlier, notices were issued in the delay condonation application as well as in the appeal to the respondents, but they avoided service. Therefore, the appellant was directed to publish the notices by the order dated 10.04.2024, and the appellant has published the notices in the appeal to the respondents and has filed proof of publication. In spite of the publication, nobody appears for the respondents, therefore, we deem the service upon the respondents as sufficient and proceed to decide the application as well as the appeal.
- In the IA/9159/2022, the appellant stated that earlier in the complaint 17.03.2021 was the date fixed. On that day, the State Commission directed the complainant to file a reply in the application filed by the opposite party and fixed 29.07.2021. However, due to spread of Covid-19, the case was not listed on 29.07.2021, rather, it was listed on 03.02.2022. On that day, due to network problem, the case was adjourned for 12.04.2022. The complainant, being a lady, was not informed about the date fixed either on 03.02.2022 or 12.04.2022. Therefore, she could not attend the complaint, and the complaint was dismissed for want of prosecution on 17.06.2022. It was only when the complainant received a letter along with the free certified copy of the order from State Commission on 01.09.2022 that she came to know about the dismissal of her complaint. Thereafter, she contacted the local counsel, who advised her to file an appeal. Thereafter, the appellant has approached the counsel at Delhi and the appeal was drafted and filed on 26.09.2022. Cause shown is sufficient. The delay in filing the appeal is condoned. The IA is allowed.
- The aforesaid appeal has been filed against the order dated 17.06.2022, dismissing the complaint for want of prosecution. The reason for default was given that earlier in the complaint, 17.03.2021 was the date fixed. On that day, the case was adjourned for 29.07.2021, but due to spread of Covid-19 in the country the case was not listed on 29.07.2021, rather, it was listed on 03.02.2022 and the appellant had no notice of the date on 03.02.2022 or the adjourned date of 12.04.2022. Thereafter, the case was dismissed on 17.06.2022, without listing the case. As due to spread of the Covid-19, the date was not fixed in the presence of the complainant nor was she informed, she could not attend the complaint. The cause shown is sufficient. The order dated 17.06.2022 dismissing the CC/454/2018 is set aside. The CC/454/2018 is restored to its original number. The appellant shall appear before the State Commission along with certified copy of this order on 30.09.2024. Thereafter, the State Commission shall fix a date according to its convenience and decide the complaint after hearing the parties.
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