Order No. 9 dated 27/12/2018

                   Today is fixed for hearing the revisional application on merit. Both the revisionist and the Opposite Party are present through their ld. Advocates. The revisional application is taken up for final hearing.

                  The revisional application in nutshell is that the principle Op NO. 1 Smt. Pratima Sarkar filed a consumer complaint before the Ld. DCDRF, Siliguri bearing CC no. 65/S/2018. The revisionist as OP no. 1 has received the notice of the complainant on 20/8/2018 but at the time of copy of complaint no documents was attached with the notice  and for that reason the revisionist as OP no. 1 could not file the WV and on 30/8/2018 the revisionist filed a petition before the Ld. Forum with a prayer to hand over the respondent the documents of the complainant which she was relied upon. On that very date the revisionist received the documents that is on 30/8/2018. The next date was fixed for filing WV and on that very date due to cease work of local Bar Association, the revisionist could not take any steps  and the case was adjourned till 1/10/2018. On 1/10/2018 the revisionist filed a petition for adjournment but prayer of the revisionist was rejected and the Ld. Forum passed an order to hear the case ex-perte on next date. Being aggrieved with the order dated 1/10/2018, this revision follows on the ground that the Ld. Forum has miscalculated the dates of 45 days which should be counted from the date of receiving the copy of documents and not from the date of receiving the copy of notice and the limitation period starts since 30/8/2018 and then on 1/10/2018 there still remains 15 days remained for allowing the revisionist to file WV. LD. Forum has mis-calculated the dates and passed the impugned order which was arbitrary, irregular, and erroneous and liable to be set aside. The OP no. 1 Smt. Pratima Sarkar has contested the case through her Ld. Advocate.

                The revision is heard in presence of Ld. Advocate of both sides. Admitted position is that the OP/Revisionist has received the documents furnished by the complainant on 30/8/2018 and suddenly unless and until the documents are not handed over to the other side, there was no scope  to prepare the WV and as such the date that is the point of limitation should  starts from the date that is on 30/8/2018 and it was the statutory right of the revisionist/OP to place the WV before the Ld. Forum within 45 days to be calculated not from the date of receiving the notice that is on 17/8/2018 but on 30/8/2018 on which date the process of notice completes after handing over the documents to the other side.

Therefore, it was apparent on the face of the record that the Ld. Forum has committed a serious mistake at the time of calculation of the limitation period of 45 days, which caused serious prejudice to the interest of the revisionist in this particular case and as such the revision should be allowed and the revisionist should get an opportunity to file the WV before the Ld. Forum on next date. Considering all aspects, the revision application is hereby allowed on contest without imposing any cost.

Hence it is,

ORDERED,

                   That the order no. 6 dated 1/10/2018 passed by Ld. DCDRF, Siliguri  in reference to CC no. 65/S/2018 is hereby set aside. The revisionist/OP no. 1 that is Oriental Insurance Company Limited is hereby asked to file WV positively within 15 days from the date of receiving the copy of order before the Ld. DCDRF, Siliguri in connection with CC no.  65/S/2018.

                        Let a copy of this order be communicated to the Ld. DCDRF, Siliguri by e-mail.

                        The free copies of this order be supplied to the parties.