Today is fixed for hearing the revisional application on merit. The revisionist is present through Ld. Advocate J Ganguly. None appears on behalf of the Opposite Parties, in spite of repeated calls. On the earlier date also the Opposite Parties did not come to contest the case. Accordingly the revisional application is taken up for hearing. Heard, Ld. Advocate of the revisionist. The fact of the case in nutshell is that the Opposite party of this revision Nanda Dulal Sarkar filed a consumer complaint before the Ld. D.C.D.R.F, Malda, bearing C case no. 39 of 2018 against the revisionist Samsung India Electronic (Private) Limited and anothers. In spite of receiving notice Samsung India Electronic (Private) Limited ie revisionist did not turn up before the Ld. Forum and after passing of 45 days since the date of receiving notice, Ld. Forum fixed the next date for ex-parte hearing against the revisionist. Being aggrieved with the said order, this revision follows on the ground that by virtue of a resolution of bar association of Malda, the Ld. Advocate of the revisionist could not appear before the Ld. Forum and for that reason, the W.V could not submit there within statutory period, though the revisionist had no fault and for that reason, he has filed this revisional application so that the order of Ld. Forum to hear the ex-parte against the revisionist be set aside.

Decision with reasons,

Admitted position is that due to untoward incident happened between the lawyers and the Bench of Malda Forum, the Ld. Advocate of Malda Bar Association in an emergent joint meeting adopted a resolution that no advocate, being a member of Malda bar Association would participate, in any proceedings before the Ld. Forum of Malda since 30/4/2018 till further development and the effect of the said resolution was continued till the middle of the year 2019. As a result, the litigants who wanted to contest the consumer cases through the Ld. Advocate could not pursue their cases before the Ld. Forum and for that reason, the revisionist of this case could not secure the presence before the Ld. Forum and could not file W.V in due time. It is also reported at the time of hearing on the part of the Ld. Advocate of the revisionist that the W.V was ready to submit the same before the Ld. Forum but due to cease work of the Malda Bar Association, he could not file the same as he is also a member of Malda Bar Association.

He further submits that if the revisionist dose not get any chance to contest the consumer case pending before the Ld. Forum till now, there will be serious prejudice to the case of the revisionist.

After considering all aspects of this case, the commission finds that for the interest of justice, the revisionist as OP of the instant consumer compliant case should get an opportunity to contest the case by filing the W.V otherwise the principle of natural justice will be seriously affected.

Hence, it is,

Ordered,

That the instant revisional application filed by the Samsung India Electronic (Private) Limited is hereby allowed ex-parte against the all Opposite Parties without any cost. The order no. 4 of Ld. D.C.D.R.F, Malda Dated 29/3/2019 in reference to DFC case no. 39 of 2018 is hereby set aside.

The revisionist Samsung India Electronic (Private) Limited as Opposite Party No 1 of this consumer compliant case will at liberty to file the W.V positively before the Ld. Forum within 15 days from this day.  

The copy of this order be supplied to the contesting parties free of cost and also to be sent to the Ld. D.C.D.R.F, Siliguri by e-mail.