Challenge in this Revision Petition by Kotak Mahindra Bank Ltd., the sole Opposite Party in the Complaint, is to the order dated 10.01.2017, passed by the West Bengal State Consumer Disputes Redressal Commission at Kolkata (for short “the State Commission”) in First Appeal No. 682 of 2013.  By the impugned order, the State Commission has dismissed the Appeal, preferred by the Petitioner, in default on the ground that despite sufficient opportunities, the Petitioner had failed to show any cause for the absence of his Counsel on more than one occasion.

Pursuant to the issue of notice, the Respondent/Complainant is represented.

Learned Counsel appearing for the Complainant, while supporting the order impugned in this Petition, has submitted that since despite several opportunities, the Petitioner had not responded to the show cause notice issued by the State Commission, resulting in unnecessary harassment to the Complainant, the State Commission was left with no option except for dismissal of the Appeal. 

Having heard learned Counsel for the parties and perused the documents on record, we feel that although the Petitioner has not been diligent in prosecuting its Appeal, yet, in the interest of justice, it deserves one opportunity of having its say in Appeal on merits.

Accordingly, the Revision Petition is allowed; the impugned order is set aside; and the Appeal is restored to the board of the State Commission, subject to the Petitioner paying to the Complainant a sum of ₹25,000/- as costs for the inconvenience already caused to him.  The said costs shall be paid to the Complainant/his Counsel on the next date of hearing before the State Commission.

Since the requisite deposit in terms of order dated 17.04.2017 is stated to have been made by the Petitioners, we direct that the interim stay granted in favour of the Bank by the said order shall continue to be in force till the Appeal is finally decided by the State Commission.  Needless to add that the said deposit shall abide by the final directions, as may be issued by the State Commission at the time of disposal of the Appeal.  For the present, the amount shall be kept in a Fixed Deposit Receipt.

The parties/their Counsel are directed to appear before the State Commission on 20.09.2017 for further proceedings.

Since the Appeal pertains to the year 2013, we request the State Commission to take a final decision therein as expeditiously as possible, preferably within four months from the date of receipt of a copy of this order.