Mr. Nityasundar Trivedi, Member

This day was fixed for passing ex-parte order of the above stated Revision Petition filed by Oriental Insurance Company Ltd. and Another assailing the Order dated 31-03-2021 passed by the DCRDC, Kolkata, Unit-I in complaint case No.CC/36/2020.

There was a delay element of 170 days in preferring the Revision Petition. In consonance with the order of Hon’ble Apex Court this condonation of delay was allowed by this Hon’ble State Commission, since it fell between 15-03-2020 till 28-02-2022, notwithstanding the actual balance period of limitation remaining all proceedings shall have a limitation period of 90 days from 01-03-2022. 

In the light of the Judgment of Hon’ble Apex Court in Miscellaneous Application being No.21/2022, 665 of 2021 and Suo Motu Writ Petition (C) No.3 of 2020, we hold and firmly hold that during the Covid Period there should have been an element of relaxation before outright deciding of moving ex-parte, following a single/two hearing day/days’ absence at the District Commission.  The District Commission could have and should have shown a bit more lenience in deciding the matter in the interest of justice.

As such the decision of DCDRC, Kolkata-I dated 31-03-2021 is set aside with the direction to decide it by giving an opportunity to the Revisionist/Petitioner and Opposite Parties of Revision Petition being No.45 of 2021 a chance to contest their case(Complaint Case No.36 of 2020 of this District).

Related case records be sent back to the concerned District Commission, if procured. 

Parties are directed to appear before the Ld. Commission below on 22-02-2024 for securing Order/Orders.

With this order this case is disposed of.

Note accordingly.