The instant Revisional Application under Section 17(1)(b) of the Consumer Protection Act, 1986 (for brevity, ‘the Act’) is at the behest of the Opposite Parties to impeach the Order No.19 dated 22.11.2016 made by the District Consumer Disputes Redressal Forum, Siliguri (for short, Ld. District Forum) in Consumer Complaint No. 144/2014.  By the impugned order, the Ld. District Forum proceeded to dispose of the complaint lodged by one Sri Pratap Mundra under Section 12 of the Act ex-parte.

          Seen the materials on record and considered the submission advanced by the Ld. Advocates appearing for the parties.

          The Opposite Party herein being Complainant lodged the complaint before the Ld. District Forum against M/s. VLCC Health Care Ltd. on the allegation of deficiency in services for not-providing the required service for reduction of body weight with prayer for several reliefs, viz. – (a) to refund the deposited amount of Rs.50,200/- with interest @ 18% p.a. accrued thereon; (b) to make payment of a sum of Rs.45,000/- for deficiency in services and unfair trade practice; (c) compensation of Rs.4,000/- for harassment and mental agony and (d) litigation cost etc.

          The Order No.09 dated 17.07.2015 speaks that on that date OP No.1 filed written version.  However, the record reveals that written version has been filed by both the opposite parties.  In any case, several opportunities were given to the opposite parties to file evidence on affidavit but they did not avail the opportunity for which the Ld. District Forum proceeded to dispose of the complaint ex-parte.

          Since the OPs had entered appearance before the Ld. District Forum and filed written version resisting the allegations made by the complainant, keeping in view the observation made by the Hon’ble Supreme Court in the decision reported in (1988) 4 SCC 613 [Modula India –Vs. – Kamakshya Singh Deo], the opposite parties should have given an opportunity to address argument in respect of complainant’s case.

          Needless to mention here that the power of Revisional Jurisdiction of this Commission flows from Section 17(1)(b) of the Act and it is limited to the extent of error in exercising jurisdiction or in materials irregularity.  The impugned order being not in conformity with the proposition of law as enunciated by the Apex Court, I am constrained to interfere with the order impugned.

          In view of the above, the impugned order stands modified to the extent that the Ld. District Forum will fix final hearing of the case and in this regard, the OPs will get opportunity to address argument in respect of complainant’s case.  The parties are directed to appear before the Ld. District Forum on 08.08.2018 and on that date the Ld. District Forum will fix a date for final hearing of the case and will make all endeavour to dispose of the same within September, 2018.

          With the above observation, the instant revision petition stands disposed of.

          The Registrar of the Commission is directed to send a copy of this order to the Ld. District Consumer Disputes Redressal Forum, Siliguri with reference to CC/144/S/2014 for information.