Sri Shyamal Gupta, Member

Present Appeal is preferred against the Order dated 22-03-2018, passed by the Ld. District Forum, Kolkata-I (North) in CC/596/2014.

Ld. Advocates for the parties were heard in the matter and documents on record gone through.

It appears from the record that the complaint case was initially dismissed by the Ld. District Forum by passing an order on 26-04-2017 against which Appeal bearing no. A/562/2017 was preferred before this Commission and by passing an order on 08-02-2018, the Appeal was allowed in part subject to deposit of a sum of Rs. 20,000/- with the Consumer Welfare Fund of the District Forum.  By such order, parties were directed to appear before the Forum below on 09-03-2018.

It is indeed astonishing to note that on the day, none of the parties turned up before the Ld. District Forum and thereafter, case was restored on 21-03-2018 and on the very next day, the record was put up.

It transpires from the order impugned that not only the Appellant failed to appear before the Ld. District Forum on 09-03-2018 as per the direction of this Commission, it disobeyed the direction of the Ld. District Forum to remain present on 22-03-2018 also though the other side diligently attended the proceedings on that day. 

All these, no doubt, points out severe lapses on the part of the Appellant which is highly condemnable.  In any case, in the interest of natural justice, we allow this Appeal in part subject to deposit of additional sum of Rs. 5,000/- together with earlier cost with the Consumer Welfare Fund of the District Forum invariably on 16-08-2019. Parties should remain present on that day.