DEBASIS BHATTACHARYA, PRESIDING MEMBER

Date : 07.6.2016

        This appeal has arisen out of order dated 20.12.2011 in Case No. 151/2011 passed by the Ld. District Consumer Disputes Redressal Forum, Unit-I, Kolkata, (in short, District Forum). By the impugned order the case has been allowed ex pate against the OPs and the OPs have been directed jointly and severally to replace the mini laptop i.e. (i.e. Dell TM Inspiron Mini 10  (S5410401N8) ( the price of which as Rs.17,400/- incl. of all taxes which will be best suited for the complainant and OPs are further directed to refund the  excess charged over MRP with  interest @ 9% p.a. and again OPs  are directed to pay compensation ofRs.10,000/- (Rupees ten thousand) only  for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only. OPs are also been directed  jointly and severally to  comply the above order within 45 days from the date of communication of this order i.e. an interest @ 9% p.a. shall accrue over the total sum due to the credit of the complainant

        As submitted by the Ld. Advocate for the Appellant that notice of the case has not at all been served upon this Appellant i.e. OP No.2  in the Ld. District Forum. Vide order no. 5 dated 02.9.2011, certified copy of the order sheets being on record, will go to show that the affidavit of service filed by the Complainant for the OP No. 2 is not at all a proper service, but the Ld. District Forum considered it as proper service for the OP No. 2 i.e. the Appellant, a copy of the affidavit of service is filed by the Appellant, though not served.

           As the matter stands, as also submitted by the Ld. Advocate for the Appellant, that only on the basis of assumption and presumption, the service of notice on the OP No.2 i.e. the Appellant has been made by the Ld. District Forum, which is not proper. They have been deprived of contesting the case unnecessarily. As the matter stands, there is no service  of notice of the complaint case upon this Appellant.

          Accordingly, the case is a fit one for remand to the Ld. District Forum concerned for a fresh hearing of the matter in presence of this Appellant. The impugned order is set aside.  The appeal stands allowed. Appellant is directed to appear before the concerned Ld. District Forum on 22.7.2016.