This revision is directed against the order dated 23/09/2015 and 09/08/2016 passed by the Ld. D.C.D.R.F, Siliguri in reference to CC/109/S/2013. The fact of the case in brief is that one Avijit Guha registered a consumer complaint against M/s. Medika, North Bengal Clinic and Dr. Reba Roy and ors. All the opposite parites of that case recorded their presence and submitted the written version. On 23/09/2015 OP no. 2 and 4 that is revisionist Dr. Reba Roy and Nibedita Nursing Home could not appear before the Ld. Forum and for that reason Ld. Forum passed an order to hear the case ex parte against the OP no. 2 and 4. The OP no. 2 Reba Roy by a petition applied before the Ld. Forum for vacating the said order of hearing ex parte against her which was ultimately rejected by the Ld. Forum on 09/08/2016.

            Being aggrieved with this order this revision follows on the ground that the order of Ld. Forum suffers from irregularity and liable to be set aside. The revision was admitted on merit and the notice was sent to complainant A. Guha and other Ops of the said case. The Nibedita Nursing Home has appeared before this Commission to contest the revisional application and specifically they by a petition has intended to transpose their status as co-revisionist in this case as because the OP no. 4 wants to vacate the order of the Ld. D.C.D.R.F dated 23/09/2015 and 09/08/2016. The said petition was allowed by this Commission on 02/12/2019. The complainant of the original case Shri A. Guha did not contest the revisional application in spite of receiving notice.

            Accordingly, the revisional application is heard in presence of Ld. Advocate of the revisionist Reba Roy and Nibedita Nursing Home.

D E C I S I O N S   W I T H   R E A S O N S

            After hearing Ld. Advocate of both revisionists, it appears to us that the instant consumer complaint is still pending for disposal as the Ld. Forum is now awating the report of the expert and the instant consumer dispute has not yet disposed of on merit. So, there is a chance to the revisionists as the OP no. 2 and 4 to contest the case as their W.V has already accepted by the Ld. Forum and if they can get opportunity to contest the case then it will be better for the interest of justice to adjudicate the dispute in a proper manner in presence of all contesting parties.

            Therefore, the revisional application should be allowed to upheld the interest of natural justice.

Hence it is ordered: -

That the instant revisional application is hereby allowed on merit. The order of Ld. Forum dated 23/09/2015 and 09/08/2016 of Ld. D.C.D.R.F, Siliguri in reference to CC/109/S/2013 is hereby set aside. Ld. Forum is requested to allow the revisionist Dr. Reba Roy and Nibedita Nursing Home to conduct the hearing of the case before the Ld. Forum as per provisions of Consumer Protection Act.

            The revisionist Dr. Reba Roy and Nibedita Nursing Home are directed to appear before the Ld. D.C.D.R.F, Siliguri to contest the case on the next date which has already fixed by the Ld. Forum in connection with this CC/109/S/2019.

Let a copy of this order be sent to the Ld. D.C.D.R.F, Siliguri, through E-mail and free certified copy of this order to be supplied to the parties of revision free of cost.