This revisional application is directed against the order of Ld. DCDRF Siliguri dated 17/04/2019 and 23/04/2019 in CC no 07/2019.
The case in short is that one Nandita Roy Boul ( OP of the revision) filed the CC no 07/2019 before the Ld. DCDRF Siliguri claiming relieves under section 12 of CP Act 1986 against the revisionist AIR India and another OP M/s. Ghosh travels.
The revisionist AIR India appeared before the Ld. Forum and intended to contest the case by submitting W.V on 17/04/2019. The revisionist had the opportunity to filed W.V on that date as last chance. But due to extreme bad weather since 16/04/2019 and electric supply shut down, the Ld. Advocate of the revisionist could not prepare the W.V. So the revisionist again prayed further time on 17/04/2019 to file W.V on that day. The revisionist had failed to submit W.V. So the Ld. Forum passed the impugned order to hear the case ex-parte on 03/06/2019.
The revisionist on 23/04/2019 filed a petition before the Ld. Forum with a prayer to vacate the order and to hear ex-parte order and prayed opportunity to file W.V. The said prayer was turn down.
So this revision. The op of revision Nandita Roy Boul and op no. 2 has contested the case through ld. Advocates. The revision was heard in presence of both sides.
Decision with reasons
Having heard the revision through Ld. Advocates of both sides, it appears to this Commission that 17.04.2019, was the last date for filling W.V in that case as the 45th day since the date of notice received by the revisionist. The notice of the said case was addressed to Bagdogra, Airport which is under the ownership and supervision of Airport Authority of India. It is mentioned on the part of the revisionist that at Bagdogra Airport, Air India Company Ld. had no office. So the notice of the case was transmitted to the original office of Air India at Siliguri through Airport Authority which Consumed number of days and for that reason the revisionist company could not get sufficient opportunity to prepare and file W.V. on 17/04/2019.
Ld. Advocate of the op of this revision mentioned that after 45 days, the Ld. Forum had no Opportunity to extend the time to file W.V.
He further mentions that the revisionist has no lag to stand in this case in accordance with the provisions of CP Act, 1986.
After considering the valuable arguments canvanssed by both parties of this revision through their Ld. Advocates, this Commission comes to an opinion that as the consumer case is still pending for disposal, the revisionist, for the interest of fair justice, should get an opportunity to contest the case by filling W.V. after paying sufficient compensatory cost to complainant of the consumer case as she has already suffered due to long pendency of the consumer complaint.
Hence, It is ordered,
That the instant revisional application filed by the revisionist AIR INDIA Ltd is hereby allowed on contest subject to payment of cost of Rs. 2500 to be paid by the revisionist to the consumer complainant Smt. Nandita Roy Boul before the Ld. DCDRF Siliguri on 30/09/2019.
The impugned Order of Ld. DCDRF Siliguri dated 17/04/2019 and 23/04/2019 are hereby set aside in reference to CC No 07 of 2019. The Revisionist AIR INDIA Ld. is asked to file the W.V. and to pay the cost on 30/09/2019 in reference to CC No. 07/2019 before the Ld. DCDRF Siliguri. Free copy of order be supplied to the parties. Let the order be communicated to the Ld. DCDRF Siliguri through e-mail.
