HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. The instant appeal u/s 41 of the Consumer Protection Act, 2019 (in short, the Act) is at the behest of the complainant/appellant Laltu Paramanik to assail the order dated 18.12.2022 passed by the Ld. District Consumer Disputes Redressal Commission, North 24 Parganas at Barasat (in short, ‘Ld. District Commission’) in connection with consumer complaint No. CC/642/2017 whereby the complaint lodged by the complainant was dismissed for default.
2. The appellant appearing being the complainant lodged a complaint before the Ld. District Commission on the allegation of deficiency of service on the part of the OPs.
3. The complainant/appellant lodged the complaint before the Ld. District Commission praying for the following reliefs;-

1. To pass an order directing the opposite parties to pay the compensation to the tune of Rs.19,00,000/- for causing mental and physical loss owing to the death of first ever child.
2. To direct the opposite parties to pay litigation cost of Rs.1,00,000/- to the complainant.
3. All costs of the complaint be awarded against the opposite parties.
4. Any other relief or reliefs which the complainant is entitled to get in equity and law.

4. In the instant case on the date of passing of the impugned judgement, the complainant/appellant did not take any steps and he was absent on call.  As such the complaint case was dismissed by the impugned judgement.
5. Ld. Advocate appearing for the appellant has submitted that as the case is meritorious one, another opportunity may be given to the appellant to proceed with the case keeping in view the object behind the legislation of the Act.
6. Considering the facts and circumstances and keeping in view the word “protection” in the Act, I think that another opportunity should be given to the appellant/complainant to place all his claims before the Ld. District Commission. For the reasons aforesaid, the appeal is allowed on contest. The impugned order is hereby set aside.
7. Parties are directed to appear before the Ld. District Commission on 10.09.2024 for receiving further direction from the said authority.
8. It is also made clear that if the appellant/complainant fails to appear on the date so fixed or any other date/dates either by himself or through her Ld. Advocate before the Ld. District Commission, this order will automatically stands cancelled.
9. The Registry of this Commission is directed to send a copy of this order to the Ld. District Commission below as early as possible for information.