DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

R.A. No. 14/2023

Arising out of C.C. No. 260/2019         

P R E S E N T                :- Smt. Sukla Sengupta…………….President

 :- Smt. Manisha Shaw………………Member.

                                       :- Sri.  Abhijit Basu…………………. Member.

Order No.20

Dated. 25.05.2023

Today is fixed for hearing of Review Application. Ld. Advocate for the O.P/ petitioner is present. He submitted in so many words that in the judgment passed by this commission dated 09.03.2023 in the ordering portion it is mentioned that the case is decreed with cost. ‘The instant case being No. 260/2019 be and the same is allowed on contest against the O.Ps with cost’. In this context it is submitted by the conducting Ld. Advocate of the petitioner that being aggrieved by with the judgment he went to prefer an appeal before the Hon’ble SCDRC but the office of the Hon’ble SCDRC did not entertain the matter rather did not receive the matter on the ground that the amount of cost has not been mentioned in the impugned judgment and he is debarred from enjoying his liberty to prefer appeal against the impugned judgment. Perused. Considered.

On careful consideration of the entire matter of facts and circumstances of this case as well as the impugned judgment dated 09.03.2023 as passed by this commission. The commission opined that it is hyper technical matter and no hyper technical matter stood in the way of any of the parties to any case in order to enjoy his or her liberty to challenge the matter before the higher Forum. Hence the very starting line of the impugned ordering portion of the judgment dated 02.03.2023 would be made. ‘For the ends of justice it is ordered that the instant case being No. C.C. 260/2019 be and the same is allowed on contest against the O.Ps with cost of Rs. 5,000/-.’ This order would be made part of the impugned judgment dated 09.03.2023 passed in C.C. No. 260/2019.

Hence the review application has filed by the O.P/petitioner be considered and allowed.

The review application being No. 14/2023 dated 15.05.2023 be disposed of.

  Member                                   Member                                President