DEBASIS BHATTACHARYA, PRESIDING MEMBER
This Revision is directed against order dated 17.12.2014 in Case No.121/2014 before the Ld. District Consumer Disputes Redressal Forum, Hooghly, (for short, District Forum, Hooghly). By the impugned order, ex parte hearing of argument has been fixed by the Ld. District Forum.
The main contention of the Revisionist in this Revision is that the Revisionist was not given ample opportunity to contest the case. Before taking up of peremptory hearing of the case, the Revisionist being OP No. 1 has filed w.v. on 12.11.2014. But already the case has been fixed for ex parte hearing against this Revisionist / OP No. 1. Already, the case began to run ex parte against the OP No. 2.
Having heard the Ld. Advocate for the Revisionist who submits that liberal approach be taken in the matter giving scope to the other side to contest the matter and refers to a decision of the Hon’ble Supreme Court reported in AIR 2002 SC 2487, and the OP No. 1, who is present, submitting that the Revisionist did not appear before the Ld. District Forum and also the conduct of the Revisionist in this revision is beyond satisfactory, but dilly-dally.
Considering all aspects into the matter and the particular fact that by a put up petition dated 12.12.2014, prayer for submitting w.v. has been made, along with the w.v. being filed. It is also found that the matter was posted on 17.12.2014 for consideration. But, the impugned order of that date does not show any reflection as to consideration of the petition of the OP No. 1 being the Revisionist. As such, the order of ex parte hearing of the case is set aside and the w.v of the OP No. 1/Revisionist be accepted upon payment of Rs.2,000/- to the Complainant/OP No. 1. Revision is allowed accordingly. Fix 16.09.2016 for appearance of the parties before the Ld. District forum, Hooghly and payment of cost.