This revision is directed against the order of Ld. DCDRF, Siliguri dated 16/7/2019 and 11/9/2019 in connection with CC/ 54/s/2017. The fact of the case in nutshell is that Smt. Arpita Roy and Pinku Roy registered a consumer complaint against respondent N Dey and Soumen Nandi under section 12 of the CP Act, 1986 for deficiency of service on the part of the revisionists. The revisionist after receiving the notice of the case had entered their appearances before the Ld. Forum and submitted the WV. Thereafter, the process of recording evidence was started and both sides has tendered their evidences respectively.

Subsequently, on 16/7/2019 the date was fixed for argument. On that day, the revisionists/op prayed for an adjournment which was allowed as last chance with cost rupees 500 as condition precedent before conducting the argument and the next date was fixed on 11/9/2019. On that day, the OP could not appear and for that reason, the Ld. Forum has observed the case ex-parte against the Ops/revisionist.

Being aggrieved with this order this revision follows, on the ground that the order of Ld. Forum dated 16/7/2019 and 11/9/2019 suffers from irregularity and not vested in law. The Op to this revisionist who happened to be the consumer complainant of this original case has entered their appearance before this commission after receiving the notice of this commission and has conducted the hearing the of the case through their Ld. Advocate appointed by them. Accordingly, Ld. Advocate or the revisionist Mrs. Sampa Dutta and the Ld. Advocate of the Op Sandip Mandal and Somnath Saha have conducted the hearing of this case.

Decision with reason,

Having heard the ld. Advocate of both sides, it appears to this Commission that the instant consumer complaint is pending for final order and the Ld. forum has observed that as the Ops of that case could not comply the order of the Ld. Forum in paying cost of rupees 500 to the complainant of that case, the Op was barred for conducting the further hearing and Ld. Forum was pleased to hear the case ex-parte against the Ops. The Commission further observers that WV, has already submitted by the Op/revisionist and substantial portion of evidence has already been recorded by the Ld. Forum so, Ld. Forum had no scope to dispose of the case ex-parte against the Ops as because the provision of section 13 of consumer protection act, clearly speaks that where the Op on receipt of a copy of that complaint, deny or disputes the allegations contended in the complaint, the District forum shall proceed to settle the consumer dispute on the basis of evidence brought to its notice by the complainant and the Ops. So, within the area of the consumer protection Act, ld. forum had no power to adjudicate the instant consumer dispute ex-parte and for that reason, in apparent, it appears that the order of Ld. forum suffers from gross irregularity. On the other hand, the WNA has already submitted by the revisionist/op in that case and for that reason, the Op should get a chance to conduct the hearing of argument before the Ld. Forum prior to the disposal of the consumer dispute. So, the Commission find its necessity to allow the revisional application on merit so that the consumer dispute pending before the Ld. Forum should be disposed after hearing both sides.  Accordingly, the revisional application is hereby allowed.

Hence, it is,

Ordered,

That the instant revisional application is hereby allowed on contest without imposing any cost. The Order of Ld. Forum dated 11/9/2019 in CC no. 54/s/2017 is hereby set aside. The order of Ld. Forum dated 16/7/2019 is hereby confirmed. The ld. forum is asked to allow the revisionist/ Op to conduct the hearing of argument in support of their case subject to payment of cost of Rs. 500/- as imposed by the ld. forum vide order dated 16/7/2019. On the consensus of both sides, the next date for hearing argument is hereby fixed before the Ld. forum on 13/2/2020 positively. Both parties are asked to appear before the forum for hearing the argument on 13/2/2020 and on the very date the revisionist shall pay Rs. 500/- as cost imposed by the ld. forum on 16/07/2019.

Let the order be communicated the Ld. Concerned DCDRF and also be supplied to parties free of cost.