SAMIKSHA BHATTACHARYA, MEMBER
The instant appeal has been directed by the appellant/complainant against the order dated 16.06.2022 in case No. CC/243/2022 passed by Additional Consumer Disputes Redressal Commission, Rajarhat (New Town) (hereinafter referred to as ‘Commission’).
Ld. Advocate for the appellant/complainant has submitted before us that on the date of admission hearing, none appeared on behalf of the complainant and the statutory period for effecting admission was over. Ld. Advocate for the appellant/complainant has submitted that he did not hire any Advocate for conducting his case before the Ld. Commission. After dismissal of the Complaint Case, complainant/appellant hired an Advocate. On the date of admission hearing before the Ld. Commission the appellant/complainant was in Bihar since his brother’s wife passed away. Therefore, he has prayed for remanding the case back to the concerned Commission by setting aside the impugned order dated 16.06.2022 since the grievance has not been resolved and the case is a meritorious one.
Ld. Advocate for the appellant/complainant has further submitted that the Ld. Commission ought to give the appellant an opportunity so that he may take necessary steps.
Ld. Advocate for the Respondent/OP has submitted that there is no infirmity in the impugned order passed by the concerned Commission. The Ld. Commission has extended reasonable opportunities to the appellant/complainant before arriving at the impugned order dated 16.06.2022 and, therefore, the Ld. Advocate for the Respondent/OP has prayed for dismissal of the appeal.
Upon perusal of the materials on record, it appears that Ld. Commission dismissed the complaint as being not admitted. The order dated 16.06.2022 is reproduced as under:
“Dated: 16th June, 2022
Today is fixed for hearing on the point as to admissibility of the complaint, but none appears on behalf of complainant and this the last day of the period fixed by the statute for admission of any complaint. Therefore, the complaint deserves a dismissal order.
Hence it is ordered that the case be and the same is dismissed as not being admitted”.
On the date of hearing, the appellant/complainant was not present in person. The complainant could not appear on the date fixed before the Ld. DCDRC as he was in Bihar at that relevant period since his brother’s wife passed away. We are in the view that the litigant/complainant should not suffer for the technical ground. The reason for non-appearance is bona fide. It is pertinent to mention here that after filing of the complaint case the first date was fixed on 15.06.2022 for admission hearing. Since, none appeared on behalf of the complainant on 15.06.2022, the next date has been fixed by the Ld. Commission on the very next day i.e., on 16.06.2022 for admission hearing. Therefore, the argument on behalf of OP/Respondent that the Ld. Commission has given several opportunities to the complainant is not true. We are of the view that complainant should be given an opportunity such that his case would be adjudicated properly. Though the Act stipulates a period for disposing the complaint but the complaints cannot be disposed of due to non-availability of resources and infrastructure. In this regard, we can cite the judgment passed by the Hon’ble Apex Court in Civil Appeal No. 4767/2019 (Vibha Bakshi Gokhale & Anr. – Vs. – Ms. Gruhashilp Constructions & Ors.) reported in II (2019) CPJ 108 SC in which Hon’ble Apex Court has observed that the ground for rejection is technical and in disregard in requirement of the substantial justice. The Hon’ble Court has also observed “It is harsh to penalize a bona fide litigant for marginal delays that may occur in judicial process. The Consumer Fora should bear this in mind so that the ends of justice are not defeated”. In the instant case also since the statutory period of 21 days for admissibility of the complaint is over, the Ld. Commission dismissed the complaint.
Considering the facts and circumstances and keeping in view of the word “protection” in the Act, we think that it would be just and proper to give the complainant/appellant an opportunity to proceed with the case to ventilate his grievance if the complaint case is admitted. The complaint should not be dismissed due to mere technical reasons.
Accordingly, we allow the appeal on contest and set aside the judgment/order dated 16.06.2022 passed by the Ld. Commission for finality of litigation as well as to give better service to the consumer.
Resultantly, the impugned order dated 16.06.2022 passed by the Ld. Commission is hereby set aside.
The Ld. Commission is directed to restore the complaint case being No. CC/243/2022 to its original file and number and the Ld. Commission is requested to fix the date for admission hearing after date of appearance of the parties. Since the complaint case has not been admitted, the Ld. Commission is requested to fix the date for admission hearing first and if the case is admitted, then the Ld. Commission shall proceed as per law. If the Complaint Case is admitted, Ld. Commission is further requested to dispose of the case preferably within three months after the date of receiving notice by the Respondent/OP. However, it is to be noted that on each and every date fixed by the Ld. District Commission, the complainant or his Ld. Advocate or his authorized representative must be present otherwise this order of restoration should be vacated automatically.
Fix 17.07.2023 for appearance of the parties before the Ld. Commission concerned for receiving further direction.
The instant Appeal is disposed of accordingly.
Let a copy be sent to the concerned Ld. Additional Disputes Redressal Commission, Rajarhat ( New Town) by this office.
