HON’BLE MR. JUSTICE MANOJIT MANDAL PRESIDENT

1. The instant revision petition under section 47(1)(b) of the Consumer Protection Act, 2019 (hereinafter referred to as “the Act”) is at the instance of the OP, Director, Greentech IT City Pvt. Ltd. to assail the order No. 7 dated 01/04/2022, passed by the Addl. Consumer Disputes Redressal Commission, Rajarhat (New Town) (in short “Learned Additional Commission”) in complaint CC Case No. CC/281/2020 whereby the evidence of the revisionist /OP was closed.
2. The opposite party, Samit Sen herein being complainant lodged the complaint u/s 34 (1) of the Consumer Protection Act, 2019 against the revisionist praying for passing an order to direct the revisionist to hand over possession of the booked flat measuring 990 sq. ft. forthwith, compensation amount of Rs.9,00,000/- (Rupees nine lakh only) alternatively to give direction to the opposite party to refund the paid consideration amount of Rs.23,12,000/- (Rupees twenty three lakh and twelve thousand only) with 18% penal interest and also praying for other reliefs.
3. After entered appearance, the revisionist by filing written version has challenged the complaint case. The evidence on affidavit was filed by the complainant, thereafter the revisionist filed questionnaires. 01/04/2022 was fixed for hearing of the complainant case and on 01/04/2022 Learned Commission was pleased to pass the following order in the form of that:

“Order No.7

The Ld. Advocate of the complainant is present. The OP is found absent without steps.

The case has sustained to adjourned at the stage of filing evidence by the OP. As such the evidence stands closed.

As such, 10.05.2022 is fixed for hearing argument and BNA, if any, will have to be filed within 3 days preceding on 10.05.2022.”

4. Aggrieved by and dissatisfied with the order dated 01/04/2022 passed by the Learned Additional Commission the revisionist has filed the instant petition and prayed for the following reliefs :

“a) To set aside the order dated 1.4.2022 passed by the Learned Addl. Commission and pass appropriate orders

AND

b) To give the opportunity to file evidence before the Ld. Addl. Commission

                  AND

c )Stay of all further proceedings before District Consumer Disputes Redressal Commission, Rajarhat, New Town in complaint case no. CC/281/2020 till disposal of the instant revision application.

                                                                                     AND

d) To issue a Rule calling upon the opposite parties to show cause as to why the impugned order dated 1.4.2022 passed by District Consumer Redressal Commission, Rajarhat, New Town in CC/281/2020 should not be set aside, if cause is shown and if no cause is shown make the rule absolute.

                                                                                     AND

                              e) To Call for the records of the case.

                AND

                              f) Pass such other further order or orders as your Honour may deem fit and proper.”

5. Heard Learned Advocate appearing for the revisionist as well as the Learned Advocate appearing for the OP/ Complainant.
6. Learned Advocate appearing for the revisionist has submitted that Learned Additional Commission has acted in exercise of its jurisdiction illegally and with material irregularity. He has further submitted that the order of the Learned Additional Commission is not maintainable in law as well as in fact. He has further submitted that Learned Additional Commission totally misdirected itself in passing the impugned order and came to an erroneous conclusion that the revisionist cannot file evidence. So, the revision petition should be allowed.
7. On the other hand, Learned Lawyer appearing for the opposite party / Complainant has submitted that Learned Additional Commission has acted legally and there is no irregularity in passing the impugned order. So, the order passed by the Learned Addl. Commission should be confirmed.
8. Having perused the record and after hearing both the parties, this Commission feels that to meet the ends of justice, more particularly, in complaint cases, opportunity should be given to the opposite parties to prove their cases by adducing evidence on affidavit.
9. It appears from the record that the opposite party has failed to file evidence due to unavoidable circumstances. Therefore, an opportunity should be given to the OP for filing evidence, otherwise the revisionist will suffer irreparable loss and injury.
10. In view of the above, this Commission requests the Learned Commission below to give an opportunity to the revisionist to give evidence on affidavit subject to payment of cost of Rs.5,000/- (Rupees five thousand only) to be paid by revisionist to the Consumer Legal Aid Account of this Commission within 15 days from date.
11.  The Learned Advocate appearing for the revisionist before the Learned Additional District Commission below shall ensure the filing of evidence on the date fixed by the Learned Commission below and ensure the trial is completed. The said exercise shall be completed on or before 30^th July, 2022. Accordingly, the impugned order No. 7 dated 01/04/2022 which is under challenge stands set aside.
12.  The parties are directed to appear before the Learned Additional Commission on 30.06.2022 and on that date the revisionist must show the receipt before the Learned Additional Commission as to the costs. On showing receipt the same, the Learned Additional Commission will proceed to dispose of the complaint in accordance with law.
13.  With the above observation and directions the revision petition stands allowed and thus disposed of.