Sri Shyamal Gupta, Member

In this Appeal, the Order dated 22-02-2016, passed by the Ld. District Forum, Howrah in CC/666/2014 has been challenged by M/s Topsel Toyota.

Holding the Appellant responsible for sudden collapse of her car, the instant complaint was filed by the Respondent No. 1.  

Ld. Advocate for the Appellant denied receiving any notice of the complaint case.  He also denied submitting any WV or making averment before the Ld. District Forum as mentioned in the impugned order.  Accordingly, he prayed for setting aside the impugned order.

As none of the Respondents turned up before this Commission, at the time of hearing, only the Ld. Advocate for the Appellant was heard.

On a reference to the copies of daily orders being passed by the Ld. District Forum in the instant complaint case, it transpires that, there was no such noting as to proper delivery of notice upon the Appellant.  It is also found from the said orders that as the Appellant did not attend the complaint proceedings, the matter was heard ex parte against it on 27-08-2015. 

In view of this, we fail to understand, wherefrom the Ld. District Forum got hold of the WV of the Appellant.  Similarly, as the matter was fixed ex parte against the Appellant, there was no scope for the Appellant to make any averment in the said case.  Yet, we find that, some comments were attributed to the Appellant.

Considering all these irregularities, we are constrained to remand the case to the Forum below for fresh adjudication of the matter.  The impugned order is hereby set aside.  Parties to appear before the Ld. District Forum on 21-10-2019.

Appeal, thus, stands allowed in part.