Date of Judgment: Tuesday, 29th Day of September, 2015
JUDGMENT
This Revisonal Application has been filed to challenge the order dated 22.04.2015 passied by the Ld. District Consumer Disputes Redressal Forum, Hooghly in Complaint Case being No.CC/30/2015 whereby the Ld. District Forum finding no one present on behalf of the Opposite Parties, fixed on 18.06.2015 for ex-parte hearing.
Being aggrieved with the impugned order the Opposite Parties have preferred the instant Revisional Application on the grounds, inter-alia, that Ld. Advocate for the Opposite Parties due to traffic jam could not arrive at Forum in time with Written Version for filing the same for which the impugned order had been passed.
In course of hearing of the instant Revisonal Application Ld. Advocate for the Revisionists has submitted that though he arrived late before the Ld. District Forum the late was not intentional and, moreover, the Revisionists have a case of merit and, therefore, chances to succeed therein for which an opportunity to contest the Complaint Case may be given.
Having heard submissions made by both sides and on perusal of the materials on record it appears that the Complaint Case was filed on 18.02.2015 and notices were issued on 12.03.2015 directing the Opposite Parties to appear before the Ld. District Forum on 22.04.2015 at 11.30 a.m. However, on 22.04.2015 Ld. District Forum passed the impugned order. It also appears that the Revisionists have annexed the copy of Written Version which they intended to file before the Ld. District. Forum but could not file the same due to late arrival. It further appears that the Ld. District Forum on the very first date of appearance for the Opposite Parties without affording any opportunity to file Written Version fixed next date for ex-parte hearing of the case.
Be that as it may, it has come to surface that the Opposite Parties are keenly interested to contest the case and, therefore, prepared the Written Version and wanted to participate in the proceeding.
Considering the facts and circumstances, we are of view that the Revisionists (Opposite Parties in the Complaint Case) should get an opportunity to contest the case by filing Written Version before the Ld. District Forum for the interest of justice.
In the result, the Revisonal Application succeeds.
Hence,
O R D E R E D
that the instant Revisonal Application is allowed on contest but without any order as to costs.
The impugned order is set aside.
The parties are directed to appear before the Ld. District Forum positively on 29.10.2015 to receive further order from the said authority. However, in the event of failure on the part of the Opposite Parties to submit Written Version on the date fixed the Ld. District Forum will proceed with the case in accordance with law.
