Sh. S.M. Joshi, Advocate is present on behalf of the revisionists.

Sh. Himanshu Ranjan, Advocate is present on behalf of the opposite party.

Heard learned counsel for the parties.

This revision petition is directed against the order dated 20.04.2018 passed by the District Forum, Dehradun in consumer complaint No. 234 of 2015, whereby the District Forum has closed the opportunity of the revisionists to file evidence.

Learned counsel for the revisionists has submitted that due to inadvertent mistake, the revisionists had noted the date fixed in the consumer complaint as 21.04.2018 and on the said date, the revisionists were informed that now 09.05.2018 has been fixed in the consumer complaint.  On 09.05.2018, the revisionists filed the evidence, whereupon it transpired that the District Forum by impugned order dated 20.04.2018 has closed the opportunity of the revisionists to file evidence.

Having considered the submissions raised before us, we are of the view that there was no malafide on the part of the revisionists in not appearing before the District Forum on 20.04.2018, on which date, the impugned order came to be passed by the District Forum and the revisionists could not appear before the District Forum on account of an inadvertent mistake on their part.

Therefore, taking into consideration the overall facts and circumstances of the case as well as in the interest of justice, the revision petition is hereby allowed subject to payment of costs of Rs. 2,000/- by the revisionists to the opposite party – complainant.  Order impugned dated 20.04.2018 passed by the District Forum is set aside.  The revisionists are directed to file their evidence before the District Forum on the next date fixed in the consumer complaint positively.  The costs shall be paid by the revisionists to the opposite party – complainant before filing the evidence.