Sri Shyamal Gupta, Member

This Revision is directed against the order dated 22-11-2017, passed by the Ld. District Forum, Howrah in CC/66/2016.

The case of the Revisionists, in short, is that, on receipt of notice of the complaint case from the Ld. District Forum, they appeared before it to defend their case and contested the case by filing WV and after both sides filed BNA, the case was fixed for hearing.  At that stage, this Revisionist filed a petition for impleding M/s Golden Trust Financial Services as a party to the case which was rejected by the Ld. District Forum and then the said complaint case was fixed for hearing on 19-03-2017.  Subsequently, the date of hearing got postponed on several occasions.  It is the case of the Revisionists that on 22-11-2017, their Ld. Advocate could not appear before the Ld. District Forum owing to his sudden illness and as a consequence thereof, the Ld. District Forum posted the next date on 19-01-2018 for ex parte hearing.

We have heard both sides and gone through the documents on record.

It transpires from the photocopies of order sheets of the instant complaint case that in between the period from 11-11-2016 to 22-11-2017, the Revisionists attended the Forum on all occasions save and except the last occasion.  The Revisionists attributed their absence to the sudden illness of their Ld. Advocate. 

Considering all aspects and particularly, in the interest of natural justice, we deem it fit and proper to accord due privilege to the Revisionists to defend their case before the Ld. District Forum.

The Revision, thus, succeeds.

Hence,

O R D E R E D

The Revision stands allowed on contest against the Respondent.  The impugned order is hereby set aside.  Parties to appear before the Ld. District Forum on 14-11-2018 for concluding hearing of the complaint case.