HON’BLE MR. AJEYA MATILAL, PRESIDING MEMBER

Ld. Counsel appearing for the Appellant is present.

Ld. Counsel appearing for the Respondent No. 1 is also present.

Today is fixed for exchanging of BNAs by the parties.

Ld. Counsel appearing for the Appellant files BNA after serving copy of the same.

Let it be kept with the record.

The Appeal being no. 203/2023 is taken up for hearing.

Being aggrieved by and dissatisfied with the ex parte order No. 12 dated 18.04.2023 passed by the Ld. DCDRC, Howrah in connection with complaint case No. CC/254/2021, the Appellant/Complainant preferred this appeal.

Heard both sides.

Considered.

It appears as the Appellant/Complainant could not file any petition showing cause the Ld. Commission below dismissed the case. So, we are of the view as the Appellant/Complainant is willing to contest the case an opportunity should be given to the Respondent No. 1 for the ends of justice.

So an appropriate order should be passed accordingly.

Hence,

O R D E R E D

The appeal No. 203/2023 is allowed on contest against the Respondent No. 1 subject to payment of cost of Rs.1000/- payable to the Respondent No. 1.

The parties are directed to appear before the Ld. DCDRC, Howrah on 12.11.2024.  The Ld. Commission below is requested to dispose of the case in accordance with law after giving an opportunity of being heard to the parties within 3(three) months from the date of appearance of the parties.

Order of stay, if any, stands vacated.

Let a copy of this order be sent down to the Ld. Commission below.

The Appeal being no.203/2023 stands disposed of.

Note accordingly.