HON’BLE JUSTICE ISHAN CHANDRA DAS, PRESIDENT

          This Appeal U/s 15 of the C.P.Act, 1986 has been directed against the judgement and order dated 30.4.2014 passed by ld. D.C.D.R.F., 24 Parganas (South) at Alipur in C.C.91 of 2014 where ld. Forum concerned while disposing of the said Complaint Case decreed the same exparte against the Opposite party with cost of Rs.10,000/- (Rupees ten thousand). The Opposite party was directed to refund a sum of Rs.8 lakh (Rupees eight lakh) to the complainant and also to pay a sum of Rs.2 lakh (Rupees two lakh) as compensation within one month from that date, failing which the entire amount would carry interest @ 10% per annum from the date of default till realization.

          Being aggrieved by such order passed exparte against him the Appeal has been preferred by the Opposite party who in his Memorandum of Appeal stated that no notice was served on him at his proper address which at 2259, Nayabad, P.O.Panchsayar, P.S. Purba Jadavpur , Kolkata – 700 097. Drawing our attention to the Cause title of the Petition of Complaint Ld. Counsel for the appellant pointed out that the Complaint Case was filed against the Appellant incorporating his address at 2/81 Bijoygar, P.S.Jadavpur, Kolkata – 700 032 and the present office at 41/F R.N.Das Road, Kopibagan, Dhakuria, Kolkata 700 031. To counter the said argument his ld. Counterpart drew our attention to the Agreement for Sale and pointed out that the Opposite Party/Appellant in the said Agreement for Sale showed his office address at 2/81A Bijoygar, Kolkata 700 032. He pointed out that the notice was served upon the Opposite Party of c.c. 91 of 2014 (i.e. the Appellant herein) at his given address and the question of suppression of facts for getting the decree, obtined exparte behind his back never arose. In the given facts and circumstances of the case we are unable to accept that the notice was not properly served upon the appellant rather it was served in a mysterious way. Hence without going into any controversy over the issue, when the Appellant is appearing before us with a prayer for getting a chance to contest the Complaint Case and to get it disposed of on merit we allow the Appeal, set aside the judgement impugned, being the Judgement and Order dated 30.4.2014 passed by ld. D.C.D.R.F. 24 Parganas (South) at Alipur in c.c. 91 of 2014 and we remit the case with a direction to the ld. D.C.D.R.F. to give a chance to the Appellant/Opposite Party to ventilate his grievance before the ld. D.C.D.R.F. by filing a written version within a period of two weeks from the date of receipt of the case record and ld. D.C.D.R.F. shall make endeavour to dispose of the Complaint Case within a period of six months from the date of receipt of the record, after observing the procedure prescribed by the Act.

          With these observations and directions this Appeal stands disposed of. No order as to costs.