No. 5/15.06.2011.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Revision Petitioner through Mr. P. R. Bakshi, the Ld. Advocate and O.P. through Mr. Prabir Basu, the Ld. Advocate are present.  Revision Petitioner files BNA.

This revisional application is directed against the order dated 19.07.2010.  By the said order in the absence of O.P. the complaint case was initially fixed for ex parte hearing at a stage when the Written Version had not been filed by the said O.P.  However, the O.P. also filed an application by challenging the maintainability of the complaint case along with an application for recalling of the order whereby the complaint case was fixed for ex parte hearing.

The Ld. Forum below after considering the facts and circumstances as above by the aforesaid order has directed the O.P. to file the Written Version on 24.08.2010 with the observation that upon filing of the said Written Version the order made for ex parte hearing of the complaint case would be considered.  The Complainant was further given liberty to file an objection to the petition filed by the O.P. challenging the maintainability of the complaint case. 

Upon careful reading of the impugned order we are of the clear view that no prejudicial order and/or direction have at all been passed by the District Forum against the O.P. by the aforesaid order dated 19.07.2010.  On the contrary there is enough indication in the said order that once the Written Version is filed by the O.P. then the complaint case would be proceeded as a contested one.  In such circumstances we are of the firm view that this revisional application is absolutely misconceived and has been filed to delay the disposal of the complaint case.  The same is, therefore, dismissed with cost of Rs.1,000/- payable within 30 days to S.C.W.F., W.B. through Registrar, State Commission.