HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. This appeal has been filed under section 41 of the Consumer Protection Act, 2019 ( in short, ‘the Act’) by the appellants / complainants challenging the order No. 28 dated 31.12.2021 passed by the Learned District Consumer Disputes Redressal Commission, Kolkata, Unit – III (South) ( in short, ‘the District Commission’) in connection with complaint case No. CC/647/2018.

2. I have heard the Learned Advocate appearing for the appellants and perused the order No. 28 dated 31.12.2021 passed by the Learned District Commission, the grounds taken in the memo of appeal and the documents filed along with it.

3. The Learned District Commission for the appellants submitted that the appellants could not appear on the date fixed before the Learned District Commission the details of which have been given at page Nos.5,6 & 7 of the memo of appeal. It is not necessary to reproduce the grounds given herein by the appellants. In my considered view, it would be appropriate and for the interest of justice that one opportunity be given to the appellants to appear before the Learned District Commission to present his case.

4. Under this facts and circumstances, the appeal filed by the appellants is allowed. The order No. 28 dated 31.12.2021 is hereby set aside and the consumer case is restored to its file. The appellants are directed to appear before the Learned District Commission on 18.07.2024 for receiving further direction.

5. The Learned District Commission is requested to decide the case expeditiously in accordance with law.

6. Let a copy of this order be sent to the Learned District Commission as early as possible.

7. Office to comply.

8. The appeal stands allowed.