This revisional application is directed against the order dated 12/03/2019 passed by the Ld. D.C.D.R.F, Cooch Behar in CC/10/2019. The revisional application in nutshell is that the opposite party Shri Pintu Datta has filed a consumer complaint under section 12 of Consumer Protection Act. against this revisionist Dr. Biplab Banerjee and ors for getting compensation of Rs. 15,00,000/- on account of loss of life of his kin due to medical negligence and deficiency of service on the part of the doctors and hospitals and other consequential relieves. The revisionist and ors as OP to the said consumer complaint case received the notice in due time but they could not turn up before the Ld. Forum and for that reason, the Ld. Forum vide order dated 12/03/2019 has decided to proceed the case ex parte. The OP no. 3 of that case who happens to be the revisionist in this revisional case Dr. Biplab Banerjee on 14/03/2019 filed a petition before the Ld. Forum with a prayer to vacate the order for hearing the case ex parte against him and has also filed the W.V in that case on 14/03/2019. Ld. Forum placed the petition for hearing on next day and also asked the complainant to file the evidence on affidavit. The OP no. 3 of that case that is the revisionist has preferred this revisional application on the ground that the OP was not aware about the case and when he came to know that the Ld. Forum has placed the case for hearing ex parte he then came before the Ld. Forum with a prayer to vacate the order of ex parte hearing and also files the W.V but Ld. Forum did not accept the W.V and did not allow the revisionist to contest the case and for that reason he has come before this Commission to set aside the said order of Ld. Forum so that he may get an opportunity to contest the case. The complainant P. Dutta after receiving the notice of revision has appeared through Ld. Advocate R. Dey and K. Sen and contested the revisional application. The revisional application is heard on merit. The Ld. Advocate of both sides has placed their arguments before the Commission.

D E C I S I O N S   W I T H   R E A S O N S

At the time of hearing of the case Ld. Advocate of the OP of this revision case mentioned before this Commission that the petition of the revisionist before the Ld. Forum dated 14.03/2019 is still pending and for that reason this revisional application is not maintainable at all as because the matter is still sub-judice before the Ld. Forum and in view of his argument he preferred a judicial decision of Hon’ble State Commission, Kolkata Bench in RP/21/2018 dated 07/09/2018. The Ld. Advocate of the revisionist submits that though a petition dated 14/03/2019 for vacating the order of ex parte hearing, the Ld. Forum has already decided in its own order dated 12/03/2019 that the case may be proceeded against all the opposite parties. So, until and unless the order is being set aside from any Higher Forum, the Ld. Forum had no jurisdiction to set aside its own order as no review power is vested to the lower Forum. After perusing all the related orders passed by the Ld. D.C.D.R.F, Alipurduar, this Commission finds some irregularities in the said order as because on 12/03/2019 Ld. Forum has decided to hear the case ex parte against the revisionist and ors. and in the same order the complainant was directed to file affidavit-in-chief on next day. Thereafter, on 01/04/2019 Ld. Forum accepted the petition of the revisionist dated 14/03/2019 dated and also kept the W.V of revisionist with the record and in the same breath Ld. Forum again directed the complainant to file evidence on affidavit on 10/04/2019. So, the order of Ld. Forum is quite self-contradictory and consisting of irregularities. Rather the revisionist has already submitted the W.V before the Ld. Forum and the revisionist is vehemently prayed for allowing him to contest the case and for that reason this revisional application should be allowed for interest of justice by imposing sufficient cost to be paid by revisionist as he has delayed the process of adjudication.

Hence it is ordered: -

That the revisional application is allowed on contest subject to payment of cost of Rs. 3,000/- to be paid by the revisionist to the complainant/OP on the next day and after payment of cost before the Ld. Forum the W.V submitted by the revisionist shall have to be accepted. Accordingly, the order of Ld. Forum dated 12/03/2019 in CC/10/2019 is hereby set aside. Let the copy of this order be supplied to the parties free of cost and the same be communicated to the Ld. Concerned Forum through e-mail.