M.A Case No. MA/26/2023 .Final Order/Judgement Angshumati Nanda Ld. Member: - The petition dtd. 24.07.23 praying for vacating exparte order filed by the O.P. No.1&2 are taken up for hearing. Perused the petition and the other materials on record. Heard both sides, the complt. raised objection. From the Track Report it is found that O.Ps received the Notices and they are appeared. But the OP No1 &2 are failed to submit their W.V within the statutory period. As such the case has been fixed for exparte against OP No1&2 respectively. On 24.07.23 O.Ps No 1 & 2 also filed exparte vacating petition and that was seen by the complt and raised no objection. O.Ps moved the petition and explained his intention to contest the case. O.Ps no 1 & 2 also filed W.V. Copy served. Heard both sides, considering all aspect, in our opinion that inspite of many chances have been given to the O.Ps. for filing W.V but O.P. did not avail it. In that situation we hold that a chance shall be given to the O.Ps no 1 & 2 to contest the case. However, he must pay cost as penalty for causing delay. The petition is considered and allowed. Hence it is, Ordered. That the Misc. Application No.M.A/26/23 be and the same is allowed on contest with a cost of Rs.500/- to be deposited in Consumer Legal Aid Fund, Paschim Medinipur. The order for exparte against O.P.No.1& 2is hereby vacated. The W.V. filed by O.Ps will be accepted only after payment of cost. The case is thus disposed of. Let a plain copy of this order be given to the parties free of cost. | 
