HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. The present revision petition has been filed under section 47 of the Consumer Protection Act, 2019 ( in short, ‘the Act’) by the revisionist / opposite party No. 1 challenging the impugned order dated 04.01.2024 passed by the Learned Consumer Disputes Redressal Commission, Kolkata – I (North) (in short, ‘the District Commission’) in connection with consumer case No. CC/118/2020.

2. I have heard the Learned Advocate appearing for the revisionist / opposite party No. 1 and also carefully perused the order No. 28 dated 04.01.2024 passed by the Learned District Commission, the grounds taken in the memo of revision petition and documents filed along with it.

3. The Learned Advocate appearing for the revisionist / opposite party No. 1 submitted that the opposite party No. 1 is contesting the instant case since very inception and participating in the proceeding through his Learned Advocate.

4. He has further submitted that 04.01.2024 was fixed for filing questionnaire by the revisionist / opposite party No. 1. But the conducting Advocate of the revisionist while travelling by a private cab lost her coat along with the diary, and, as such, lost the track of several pending matters including the instant matter being CC/118/2020. As such, the revisionist / opposite party No. 1 failed to file the questionnaire and dates so fixed by the Learned District Commission. As such, the Learned District Commission vide the impugned order dated 04.01.2024 has been pleased to close the opportunity to file questionnaire by the revisionist / opposite party No. 1.

5. Having heard the Learned Advocate appearing for the revisionist / opposite party No. 1 and on perusal of the record I think that it would be just and appropriate and in the interest of justice that one opportunity be given to the revisionist / opposite party No. 1 to appear before the Learned District Commission to present their case and to file questionnaire on behalf of the revisionist / opposite party No. 1.

6. Under this facts and circumstances the revision petition filed by the revisionist / opposite party No. 1 is allowed. The order No. 28 dated 04.01.2024 is hereby set aside with the following directions, subject to a cost of ₹5,000/- (Rupees five thousand only) to be deposited with the SCWF by the revisionist / opposite party No. 1 by 22.04.2024 and another ₹5,000/- (Rupees five thousand only) to be paid by the revisionist / opposite party No. 1 to the complainant Ramen Kumar Das within the same time. The revisionist / opposite party No. 1 is directed to file questionnaire on 22.04.2024 positively after making payment of such amount.

7. The parties are directed to appear before the Learned District Commission on 22.04.2024 for receiving further direction.

8. The revision petition is accordingly disposed of.

9. Let a copy of this order be sent down to the Learned District Commission for information and taking necessary action.

10. Office to comply.