HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. This revision petition has been filed against the order No. 15 dated 12.05.2023 passed by the Learned Addl. District Consumer Disputes Redressal Commission, Rajarhat ( New Town) ( in short, ‘the District Commission’) in connection with Misc. Application No. M.A./18/2023 arising out of complaint case No. CC/202/2020 whereby the right of the revisionists / opposite parties to adduce evidence has been closed.

2. Having heard the Learned Advocate appearing for the revisionists / opposite parties and on perusal of the record it appears to us that 28.12.2022 was fixed for filing evidence on affidavit by the opposite parties. On 28.12.2022 none appears on behalf of the opposite parties and no evidence was filed. As such, a scope for filing evidence by the revisionists / opposite parties was closed.

3. Learned Lawyer for the revisionists / opposite parties has urged that on 28.12.2022 Learned Advocate for the revision petitioners / opposite parties failed to appear before the Learned District Commission below and also failed to file the evidence. As a result, the Learned Commission below was pleased to close the opportunity to file evidence by the revision petitioners / opposite parties and the Learned Commission below fixed the date on 10.01.2023 for final hearing and arguments of the instant case.

4. Learned Lawyer for the revision petitioners / opposite parties has further argued that on the very next day i.e. on 10.01.2023 Learned Advocate for the revision petitioners / opposite parties has approached before the Learned District Commission below and filed one application for recalling of the order dated 28.12.2022 and the said application being No. M.A./ 28/2023 was rejected.

5. On consideration of the case of the revision petitioners and on perusal of the record, we are of the view that the cause shown by the revisionists is sufficient and the evidence could not be filed on behalf of the revision petitioners.

6. Under these facts and circumstances we are inclined to allow the revision petition. Hence, the revisional application is considered and allowed. The order No. 15 dated 12.05.2023 is liable to be set aside on costs of Rs.6,000/- (Rupees six thousand only). The costs shall be paid to the complainant before the Learned District Commission by the revision petitioners.

7. In the result, it is ordered that the revision petition is allowed. The order No. 15 dated 12.05.2023 is set aside. The revision petitioners shall pay a cost of Rs. 6,000/- (Rupees six thousand only) to the complainant before the Learned District Commission. The revision petitioners shall appear before the District Commission along with the certified copy of this order as well as evidence on affidavit and documentary evidence, if any, on 18.09.2023.

8. The District Commission shall accept the evidence along with costs on that day and proceed to decide the complaint case in accordance with law, after giving opportunity of hearing to both the parties.

9. The revision application is thus disposed of accordingly.

10. Let a copy of this order be sent to the District Commission below forthwith.