This revision application is preferred against the order dated 22.02.2018 delivered by the Ld. D.C.D.R.F., Siliguri in CC No 88 of 2017. The fact of the case in nutshell is that the Opposite Party Deepak Agarwal & Others intended to visit K.S Hospital, Amedabad for treatment of Complainant No. 2 and his mother and booked for their Air journey booked up and down tickets by paying full fare of the amount to ticket bazar  in Siliguri under the Indigo Flight. On the date of journey all of a sudden, the Air agency informed the Complainants about the flight cancellation and requested the Complainants to explore alternative flights or cancel at no charge. And the flight was re-booked for the journey on 27.08.2017. Having no extra charges for return journey from Ahmedabad and they could manage. Somehow, went to Ahmedabad by another flight on 20.08.2017 for the treatment of the mother of the Complainant No. 2. But unfortunately the ticket dated 27.08.2017 was also cancelled on the part of ticket bazar and in this way the Opposite Parties were indulged in unfair trade practice without any intimation and consent from the Complainant has cancelled the confirmed tickets. And for that reason, the Consumer Complaint was registered. The Consumer Complaint was admitted in due course and notice was sent to the Opposite Parties by Post. All the Opposite Parties have duly acknowledged the notice through Post and they appeared before the Ld. Forum through Legal Counsels and prayed for time to file the W.V. The O.P No. 1 has filed the W.V while O.P No. 2 and 3 could not submit the W.V in due time and for that reason the Ld. Forum has ordered to hear the case against the O.P Nos. 2 & 3 Ex-parte. But subsequently, the O.P Nos. 2 and 3 filed the W.V but the same could not be accepted on the part of Ld. Forum. But it was kept with the record and Ld. Forum started the proceedings for hearing the case and the said matter still pending for disposal before the Ld. Forum. Now, the O.P Nos. 2 & 3 have preferred this revision in order to giving them opportunity to contest the case. The revision was admitted in due course and notice was sent to the Opposite Parties who happened to be the Complainants of the instant Consumer Case. The O.P No. 1 of the original case has been impleaded as O.P No. 4 in the revisional application. The Opposite Parties of this revision in spite of receiving the notice did not come to contest the revision. So, the revision is heard only in presence of Ld. Advocate of the revisionist.

                                                                                     Decision with reasons

This revision is preferred against the order of the Ld. Forum dated 22.02.2018 for hearing the case Ex-parte against the revisionists that is the Chairman of Indigo and the In-charge of Indigo Central Wing. After, hearing the Ld. Advocate of the revisionist it appears that Air Indigo has a head office at New Delhi and its corporate office is situated at Gurgaou, Haryana. The further case of the revisionist is that after getting the notice of the Consumer Case the company immediately instructed their legal counsels at New Delhi to communicate a counsel from Siliguri to attain the case and appear before the Ld. District Commission. The Ld. Local Legal Counsels entered his appearance before the Ld. Forum and undertook to file the V. NAMA and prayed for the copy of documents filed by the Complainants to prepare the Written Version. And the Ld. Commission was pleased to fix the date for filing W.V of revisionist on 22.02.2018 but the said date was not appropriately communicated to the Ld. Counsel of New Delhi and for that reason the W.V could not be submitted on that day and for that reason the Ld. Forum was pleased to pass an order to hear the case Ex-parte against the revisionist. Subsequently, the revisionist prepared the W.V and sent the same to the Ld. Local Legal Counsel and due to Covid pandemic could not produced the W.V before the Ld. Forum in due time. And for that reason, the Ld. Forum has placed the case for hearing Ex-parte against the revisionist. Now, the revisionist has already submitted their W.V before Ld. Forum and want to contest the case on its merit for the purpose of natural justice. The contention of the revisionist has not been challenged by the Opposite Parties of this revision and it is settled principle of law that in a judicial process of hearing no one should be unheard if he is keen to contest the case by proper representation. It is also brought to our notice by the Ld. Local Legal Counsel of the revisionist that the matter is still pending for disposal before the Ld. Forum of Siliguri and the revisionist has already filed their Written Version before the Ld. Forum. So, for the ends of justice, the revision petition should be allowed and the revisionist should get an opportunity to be heard and the W.V filed by them should be accepted on the part of the Ld. Forum. So, the revisional application got some merit.

                                                                              Hence, it’s ordered

That the instant revisional case bearing No 4 of 2021 is hereby allowed on merit without any cost. The impugned order of Ld. D.C.D.R.F., Siliguri dated 22.02.2018 stands set aside in CC No 88 S of 2017 pending before the Ld. D.C.D.R.F., Siliguri. Ld. D.C.D.R.F., Siliguri is hereby requested to accept the W.V filed by the revisionist that is O.P No. 2 and 3 of the original case and shall give the opportunity to furnish evidences and reliable documents and to take participation in the said proceedings in a proper manner. And thereafter, the Ld. Forum shall adjudicate the case on its merit.

Let a copy of this order be supplied to the parties free of cost and the same to be communicated to the Ld. D.C.D.R.F., Siliguri for taking necessary action.