Hon’ble Mr. Ajeya Matilal, Presiding Member
The Ld. Advocate Ms. Granthana Kayal is present on behalf of appellant. Respondent Sri Gautam Das is present in person.
There is also a petition for condonation of delay filed by the appellant.
It appears that there is only delay for a single day. So after due consideration of submission of both sides the petition for condonation of delay is allowed.
Being aggrieved by and dissatisfied with order dt. 30.03.2023 passed by Ld. DCDRF, Kolkata, Unit-I allowing the CC/331/2019 ex parte with a direction to pay Rs. 50,000/- only as compensation within 2 months from that day a default clause for payment of interest @ 9% p.a. till the date of payment, the appellant / Opposite Party preferred this appeal. Ld. Court below also awarded compensation of Rs. 10,000/- in favour of the complainant / Respondent in the impugned order.
The Ld. Advocate for the appellant/ OP submitted that he was not aware about the proceedings of the court below.
In reply the respondent submitted that initially the appellant / OP appeared before the forum below, filed W.V but subsequently, he did not turn up.
So, we are of the view that as the appellant / OP is willing to contest the case and the matter was heard ex parte against him, so an opportunity should be given to him to contest the case.
Accordingly, A/167/2023 is allowed on contest on payment of cost of Rs. 7000/- payable to the respondent within 7 days.
In consequence the impugned order is set aside. Parties are directed to appear before the forum below on 21.08.2023. The Ld. Forum below is requested to dispose of the case as early as possible after giving parties an opportunity of being heard but without being influenced by any observation made by this Commission.
Order of stay in connection with the present appeal stands vacated. Let a copy of this order be sent to the Ld. Forum below.
Joint Registrar of this Commission is directed to do the needful in this regard.
