West Bengal

StateCommission

RP/88/2016

M/s. Country Vacations - Complainant(s)

Versus

Partha Bhaduri - Opp.Party(s)

Mr. Abhishek Gupta

25 Jun 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Revision Petition No. RP/88/2016
( Date of Filing : 19 May 2016 )
(Arisen out of Order Dated 22/04/2016 in Case No. Complaint Case No. CC/434/2015 of District Kolkata-I(North))
 
1. M/s. Country Vacations
(A Div. of Country Club India Ltd.), 86B/2, 1st floor, Gajaraj Chambers, Park Circus Connector, Topsia Road, Kolkata- 700 046, P.S. -Topsia.
...........Appellant(s)
Versus
1. Partha Bhaduri
Barasat Banerjee Para, Chandan Nagar, Hooghly.
2. Sonali Bhaduri
W/o Partha Bhaduri, Barasat Banerjee Para, Chandan Nagar, Hooghly.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER
 HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER
 
For the Petitioner:Mr. Abhishek Gupta, Advocate
For the Respondent: Mr. Debesh Halder., Advocate
Dated : 25 Jun 2018
Final Order / Judgement

Sri Shyamal Gupta, Member

This Revision is directed against the Order dated 22-04-2016, passed by the Ld. District Forum, Kolkata-I (North) in CC/434/2015.

Case of the Revisionist, in short, is that, owing to non-receipt of notice of the complaint case, it could not appear before the Ld. District Forum in time.  As a result, the complaint case is running ex parte against it.  Stating that there was no intentional laches on its part behind such non-appearance, the Revisionist prayed for setting aside the impugned order.

Heard both sides and perused the documents on record.

Contrary to the claim of the Revisionist, it transpires from the copy of order sheet dated 12-02-2016 that postal track report revealed that notice was duly served upon the Revisionist.  In view of this, we find no reason whatsoever to believe the contention of the Revisionist that the case proceeded ex parte against it without proper service of notice in accordance with law.

However, in the interest of natural justice, we deem it fit and proper to allow the Revisionist to defend its case before the Ld. District Forum subject to payment of cost.

The Revision, thus, succeeds.

Hence,

O R D E R E D

The Revision stands allowed on contest against the Respondents.  The impugned order is hereby set aside subject to payment of a cost of Rs. 5,000/- by the Revisionist to the Respondents.  Fix 25-07-2018 for appearance of the parties and payment of cost.

 
 
[HON'BLE MR. SHYAMAL GUPTA]
PRESIDING MEMBER
 
[HON'BLE MR. UTPAL KUMAR BHATTACHARYA]
MEMBER

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