Hon’ble Mr. Ajeya Matilal, Presiding Member

          Ld. Advocates for appellant and respondent no. 1 re present. None present for respondent no. 2. The present appeal has been preferred by the Opposite Party Nos. 1 & 2 against the judgment dt. 31.12.2021 passed by Ld. DCDRC, Barasat allowing the CC/450/2017 on contest against the OPs.

          The petition IA/270/2023 filed by the respondent no. 1 / complainant is taken up for hearing. In the petition it has been alleged that respondent no. 1 / complainant Ananda Gopal Chakraborty issued a postal cheque bearing no. 474723 on 27.04.2017 amounting to Rs. 350/- in favour of  Prafullanagar Nursery & K.G School for tuition fees of his daughter for the month of May- 2017. The said school deposited cheque at United Bank of India, Habra Branch which was dishonoured by the respondent no. 2 / Bank with endorsement ‘Refer to Drawer’ on 04.05.2017 and deducted Rs. 300/- as cost for dishonouring charges.

          In the W.O. the Ld. Advocate for the appellant submitted that the respondent no. 1 wanted to raise a point after two years. The aforesaid information was received by Mr. Ananda Gopal Chakraborty respondent no. 1 / complainant on 30.12.2019 during pendency of the case before the Trial Forum and the judgment was delivered by the Ld. DCDRC, Barasat on 30.12.2021. Undoubtedly, the instant petition has been filed by the respondent no. 1 at a belated stage before this Commission. We are of the view that the if the aforesaid document is considered, it might change the factual scenario. So, for that reason the instant petition should be allowed.

          Accordingly, IA/270/2023 in connection with the present appeal should be allowed and the case be sent back to the Ld. Forum below on open remand.

          The Appeal being no. A/67/2022 is allowed with a cost of Rs. 2000/- payable to the appellant by the respondent no. 1. The impugned order is set aside. The Ld. Commission below is requested to hear the matter after giving the respondent no. 1 / complainant an opportunity adducing document in question in evidence by way of additional examination in chief and giving opportunity to cross examine by the appellant / OP. The forum below shall also give opportunity to the Appellant / Opposite Party to adduce additional evidence on affidavit to rebut the evidence to be adduced evidence by the complainant.

          Parties are directed to appear before the Ld. District Forum on 01.11.2023. The Ld. Commission below is requested to dispose of the case as early as possible.