Hon’ble Mr. Ajeya Matilal, Presiding Member

Ld. Counsels for both sides are present.

Being aggrieved and dissatisfied with Order No.5 dated 09.06.2022 passed by DCDRC, Unit-I passing an order to the effect that the case do proceed ex-parte against the Opposite Party No.2 and fixing a date on 12.08.2022 for filing evidence by the Complainant, this Revision Petition is initiated by Opposite Party No.2/the present Revisionist.

Ld. Counsel for the Revisionist submitted that the registered office of the Revisionist is at Mumbai but the notice was sent to the Calcutta address of the registered company.  So they were not aware of the proceeding for which they did not appear.

In reply Ld. Counsel for the Respondent submitted that the impugned order passed on 09.06.2022 as also the certified copy of the said order was obtained by the Revisionist/Petitioner on 18.08.2022.  But the Revision was filed on 07.02.2023.

However, it appears that the matter for condonation of delay is allowed vide Order No.4 dated 28.08.2023 subject to payment of cost of Rs.5000/- to be paid by the Revisionist/Petitioner to the contesting Respondents in equal share of Rs.2500/- each.

It is admitted that the cost has already been paid.

In reply it was submitted by Respondent No.1 that the notice was served properly at the given address of the Opposite Party No.2/Revisionist but he did not take any steps before the Ld. Forum below.

However, it appears that the Respondent No.2 did not appear before the forum below.  So we are of the opinion that an opportunity should be given to Opposite Party No.2/Revisionist for making out the case before the Forum below.

Under the circumstances we are of the view the instant Revision Petition should be allowed subject to payment of cost.

Accordingly, Revision Petition is allowed subject to payment of cost of Rs.2000/- to be paid by the Revisionist to the Respondent No.2.

Both the Parties are directed to appear before the Forum below on 05.09.2024 and the cost to be paid on the same date.

Revisionist/Opposite Party No.2 shall file her Written Version on that date and pay the cost.

Accordingly, impugned order is hereby set-aside.

Court below is requested to dispose of the case in accordance with law without being influenced by any observation made by this Court within two months from the date of appearance by the parties before the Court below.

Let the copy of the Order be sent to the Ld. Forum below.

Thus, the Revision Petition is allowed and disposed of.

Note accordingly.