DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 50/2023      

P R E S E N T                :- Sri Daman Prosad Biswas………President.

                                       :- Sri.  Abhijit Basu………………. Member.

Order No.07

Dated. 30.10.2023

Ld. Advocate for the Complainant is present. Ld. Advocate for the O.P is present. Petition for vacating of ex-parte hearing filed by the O.P is taken up for hearing. Same is registered today as M.A. case no. 182/2023. Heard both sides. Record is taken up for order. Perused the petition filed by the O.P on 24/07/2023. O.P stated in the petition  that case is running ex-parte and he came to learn the said fact from reliable source. Perused record. Also perused the order no. 4 dated 23/05/2023. As per said order case is running ex-parte against the O.P.

 On perusal of order no. 2 dated 30/03/2023 we find that Ld. Advocate for the O.P appeared in this record on 30/03/2023 with an undertaking to file W/V and Vakalatnama on the next date.

Next date was fixed on 10/05/2023.

On 10/05/2023 due to resolution of the local bar case was adjourned and next date was fixed on 23/05/2023. But on 23/05/2023 O.P neither appeared nor filed W/V.  On that date this Commission passed the order that the case shall run ex-parte against the O.P. Next date was fixed on 24/07/2023 for filing ex-parte evidence by the Complainant. On 24/07/2023 O.P appeared with Vakalatnama and filed a petition praying for vacating of order by which case is running ex-parte against the O.P. In this context we are relying upon the decision of Hon’ble Supreme Court (New India Assurance Co. Ltd. Vs. Hilly Multipurpose Cold Storage Pvt. Ltd.). In the said decision Hon’ble Supreme Court held that District Forum has no power to extend the time for filing the response to the complaint beyond the period of 15 days in addition to 30 days as is envisaged U/s 13 of the C.P. Act, 1986. Hon’ble State Commission in a decision, West Bengal (…).

As per said decision District Commission has no power to vacate the ex-parte order passed by the District Commission.

In view of the said decision it is clear before us that this Commission has no power to vacate its own order by which case is running ex-parte against the O.P.

Accordingly, we are in the view that petition filed by the O.P, praying for vacate of order dated 23/05/2023 is devoid of merits.

Hence, the petition dated 24/07/2023 filed by O.P which registered as M.A. case no. 182/2023 is considred and rejected.

M.A. case no. 182/2023 is thus disposed of.

To 27/12/2023 for filing ex-parte evidence by the Complainant.

                          Member                                               President