HON’BLE JUSTICE ISHAN CHANDRA DAS, PRESIDENT

       This is an appeal under section 73(1) of the Consumer Protection Act, 2019, filed against the order of execution passed by Ld. DCDR Commission, Baruipur in EA/35/2020. Heard Ld. Counsel for the Jdr./appellant and perused the order impugned being order no. 3 dated 16/12/2020 passed by Ld. DCDR Commission. At the time of admission of this appeal, Ld. Counsel for the Jdr./appellant emphatically submitted that his client was ready to comply with the direction passed in the judgment of CC/164/2019 but Ld. DCDR Commission instead of giving the appellant a scope to comply such order, issued warrant against it at the first instance. We have considered the submissions of Ld. Counsel for the Jdr. and we have given our anxious thought over the matter. Since the Jdr./appellant is ready to comply with the direction given in CC/164/2019, Ld. DCDR Commission should have given an opportunity to comply with the same but within a stipulated time to be specified by Ld. DCDR Commission. Hence we admit the appeal and instead of issuing the process against the Dhr./respondent dispose of the appeal by setting aside the order no. 3 dated 16/12/2020 and a direction is given to Ld. DCDR Commission to give a scope to the Jdr. to comply with the order passed in CC/164/2019 as indicated hereinabove. The appeal is thus disposed of on merit.