Sri Shyamal Gupta, Member

This Revision is directed against the Order dated 16-10-2017 of the Ld. District Forum, Kolkata – I (North) in CC/188/2017.

The positive case of the Revisionists, in short, is that, after receiving notice from the Ld. District Forum, they appeared before the Forum below through Ld. Advocate by filing vakalatnama on 16-10-2017. It is alleged that although their Ld. Advocate prayed for a direction to file WV, without recording such submission, the Ld. District Forum observed that the statutory period for filing WV already expired and fixed the matter ex parte against the Revisionists.  They prayed for setting aside the impugned order.

Revisionists and Respondent No. 1 were heard through their Ld. Advocates and documents on record gone through.

In terms of the Consumer Protection Act, 1986, it is incumbent on the part of the opposite party to file WV within a period of 30 days from the date of receipt of notice.

It is noticed from the impugned order that the Revisionists received notice of the complaint case on 23-08-2017 and accordingly, in terms of the provisions laid down u/s 13 of the 1986 Act, it was obligatory on their part to file WV on or before 22-09-2017, which they did not do.

Notwithstanding vide its order dated 22-08-2017, the Ld. District Forum fixed the next date on 16-10-2017 for SR, had the Revisionists filed WV even on 16-10-2017, the Ld. District Forum would surely accept the same.  However, it appears, the Revisionists made their WV ready only on 21-11-2017.   

In view of the provisions laid down u/s 13 of the Act, we find no infirmity with the impugned order.  However, in the interests of natural justice, we allow this Revision subject to payment of a cost of Rs. 5,000/- to the Respondent No. 1.  Parties to appear before the Ld. District Forum on 20-04-2019 for payment of cost and filing WV, i.d., the Ld. District Forum shall proceed with the case ex parte against the Revisionists.