Sri Shyamal Gupta, Member

Present Revision is directed against the Order dated 14-11-2019, passed by the Ld. District Commission, Howrah in CC/283/2018.

It is the case of the Revisionist that on receipt of notice of the complaint case, it requisitioned the services of a centralized law firm in Delhi, who in turn, appointed a local counsel to defend Revisionist’s case before the Ld. District Commission.  Further case of the Revisionist is that, on 12-11-2018, owing to ceasework being observed by the local Bar Association, the concerned Ld. Counsel could not take any step on that day. Thereafter, the Ld. District Commission, without any intimation or information to the Revisionist, fixed the next date on 14-11-2018.  As a result, the Revisionist could not take any step on that day which resulted in the passage of the disputed order.

The counter case of the Respondent/Complainant is that the Revisionist got notice of the complaint case on 26-09-2018. Despite this, it did not turn up before the Commission below for which the impugned order was passed.

Heard both sides and considered the documents on record.

Perusal of the daily orders being passed by the Ld. District Commission in the complaint case under consideration reveals grave anomaly in the said proceedings.  Vide Order No. 3 dated 26-09-2018, the Ld. District Commission fixed the next date of the complaint case on 12-11-2018.  It appears, instead of taking up the matter on the date fixed, it was taken up on 14-11-2018.  There is nothing in the order sheet bearing no. 4 dated 14-11-2018 to show that the Ld. District Commission took any step to apprise the Revisionist about such change of date.   No wonder, in absence of due intimation about such change of date, the Revisionist could not take any step on 14-11-2018. 

Thus, it cannot be said that the Revisionist was responsible for the entire development.  The Revisionist being deprived of natural justice, I deem it appropriate to accord due liberty to the Revisionist to defend its case before the Ld. District Commission.

Accordingly, I allow this Revision and set aside the impugned order.

Parties to appear before the Ld. District Commission on 10-03-2021 for submission of WV by the Revisionist positively, if not filed earlier.