West Bengal

StateCommission

RP/16/2015

Videocon Industries Ltd. - Complainant(s)

Versus

Sri Akash Jain - Opp.Party(s)

Mr. Bhaskar Ray

18 Aug 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Revision Petition No. RP/16/2015
(Arisen out of Order Dated 17/12/2014 in Case No. Complaint Case No. CC/121/2014 of District Hooghly)
 
1. Videocon Industries Ltd.
Sector - V, Salt Lake, Sech Bhavan, Kolkata -700 091.
...........Appellant(s)
Versus
1. Sri Akash Jain
S/o Ashok Kumar Jain, 481/1, T.N. Mukherjee Road, P.O.- Makhla, P.S. Uttarpara, Dist. Hooghly.
2. Great Eastern Appliance Pvt. Ltd.
2, G.T. Road(Kheya Ghat), Uttarpara, Dist. Hooghly, Pin -712 258.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. DEBASIS BHATTACHARYA PRESIDING MEMBER
 HON'BLE MR. JAGANNATH BAG MEMBER
 
For the Petitioner:Mr. Bhaskar Ray , Advocate
For the Respondent: In-person, Advocate
Dated : 18 Aug 2016
Final Order / Judgement

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.

 
 
[HON'BLE MR. DEBASIS BHATTACHARYA]
PRESIDING MEMBER
 
[HON'BLE MR. JAGANNATH BAG]
MEMBER

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