Heard learned counsel for the appellant. During course of hearing on admission, we have gone through the impugned order and inclined to dispose of the matter without DFR being called for.

2.     Learned counsel for the appellant submitted that he could not appear due to Covid disease before the learned District Commission, Cuttack on the date fixed for hearing to proceed with the case.

3.     Further, learned counsel for the appellant submitted that without hearing him the learned District Commission has observed that  there is insufficient evidence in the case and the complainant is not interested to proceed with the case. Therefore, he submitted to set aside the impugned order by remanding the matter to the learned District Commission for denovo hearing.

4.     We have gone through the impugned order and considered the submission of learned counsel for the appellant. Without issuing notice to the respondents, we deem it proper to dispose of the matter by hearing the appellant.

5.     The impugned order dated 16.8.2022 is as follows:-

                        “xxx        xxx           xxx

          The matter is posted today for hearing by both sides. Ld. counsel for OP No. 1 & 2 files hazira, No step filed by complainant. None appears in spite of repeated calls. On perusal of the order sheet it found that the complainant remains absent. Thereafter, long time has elapsed. Hence, it is felt that the complainant has no interested to proceed with this case. However put up the case later.

Sd-Member                                   Sd-President.

Later:-None appears in spite of repeated calls. As there is insufficient evidence in this case and the complainant has no interest, this commission is unable to proceed further this case due to insufficient evidence.

Hence, the case is dismissed being devoid of any merit.

Sd-Member                            Sd-President.”

6.     When the complainant or his advocate are totally absent and no step was taken, the question of evaluating the evidence led by the complainant does not arise. But the learned District Commission has observed that due to insufficient evidence the case was dismissed. On the other hand opportunity should be given to the complainant to get ready for hearing and after discussing on the evidence the matter should be disposed of on merit.

7.     Without further discussing the matter, we deem it just and proper to allow the appeal and remand the matter to the learned District Commission, Cuttack for denovo hearing. Accordingly, the appeal is allowed and matter is remanded to the learned District Commission to issue notice to both the parties, allow OPs to file written version, if any, allow both parties to adduce evidence if any and  dispose of the complaint case in accordance with law on the materials produced before it within 45 days from the  date of receipt of copy of this order. It is needless to say that the learned District Commission shall pass speaking order basing on the evidence adduced before it. Learned counsel for the appellant is directed to produce the copy of this order before the learned District Commission on 03.11.2022 to receive further instruction from it.