Sri Subhra Sankar Bhatta, Presiding Member

Order No. 08

The present Revision Petition has been preferred under Section 47 (1)(b) of the Consumer Protection Act, 2019 at the behest of the Revisionist/Petitioner the Branch Manager, ICICI Bank Limited, Salt Lake Branch, Plot no. BJ-140, Sector II, Salt Lake City, Police Station—Bidhannagar, Kolkata—700091 (who was the Opposite Party in the original complaint case) assailing the impugned order dated 12^th April, 2021 vide order no. 3 passed by the Additional Consumer Disputes Redressal Commission, Rajarhat, New Town in connection with the consumer complaint case no. CC/397/2020 whereby Ld. Commission below was pleased to pass the following order:-

“Order

The Ld. Counsel for the Complainant is present. No written version is forthcoming from the OPs. Hence, the complaint case will run ex parte against the OPs.

Fix 02.08.2021 for adducing evidence by the Complainant”.

Being aggrieved by and dissatisfied with the above order of the Ld. Commission below the Revisionist/OP has filed the present Revision Petition and prayed for allowing the same after setting aside the order impugned.

In the body of the Revision Petition the Revisionist/Petitioner has contended that the Ld. Commission below acted illegally and with material irregularity in rejecting the application for vacating the ex parte order; that the Ld. Commission below acted illegally and with material irregularity in refusing the prayer of the  Revisionist/OP for filing the written version; that the Ld. Commission below did not appreciate the fact that the Revisionist/Petitioner/OP had no fault on their part in the complaint proceeding; that the Ld. Commission below ought to have considered the compelling circumstances for which the Revisionist/Petitioner/OP could not attend the Commission in time; that the Ld. Commission below ought to have considered that due to prolonged Pandemic Covid—19 the Revisionist/Petitioner could not take appropriate steps in the complaint proceeding; that the Ld. Commission below ought to have considered the application to present the written version by extending time; that the impugned order dated 12.04.2021 has caused a total failure of justice and irreparable loss and injury to the Revisionist/Petitioner. On all such grounds the Revisionist/Petitioner has prayed for allowing the present Revision Petition after setting aside the impugned order.

Respondent/Complainant, Sri Giridhari Lal Kedia did not appear before this Commission despite service of notice. Consequently, the Revision Petition was proceeded ex parte against the Respondent/Complainant.

Undoubtedly, the impugned order was passed on 12^th April, 2021 by the Ld. Commission below in the original complaint proceeding being no. CC/397/2020. The impugned order goes to establish that Opposite Party/The Branch Manager, ICICI Bank Limited entered appearance in the complaint proceeding but no written version was submitted on behalf of the Opposite Party. Consequently, the Ld. Commission below was pleased to proceed with the complaint case ex parte against the OP and fixed the next date on 02.08.2021 for adducing evidence by the Complainant. Astonishingly, no rejection order to file the written version was passed on that particular date but the complaint case was proceeded ex parte. There is no cogent reason as to why the prayer for filing written version was kept with the record without giving specific rejection order. During the course of hearing Ld. Counsel appearing for the Revisionist/Petitioner has vehemently argued that due to prolonged Covid—19 out-break and mis-posting in the dairy the conducting Ld. Counsel could not appear before the Ld. Commission below on 15^th March, 2021. Ld. Counsel has further argued that the Ld. Counsel for the Revisionist/Petitioner and his law clerk were unable to visit and enter into the District Commission premises as it was totally closed at that relevant time as a containment zone. It is expected that the written version ought to have been filed within the stipulated period but in the present case Ld. Commission below proceeded ex parte against the Revisionist/OP without rejecting the prayer of the OP to file the written version. Undoubtedly, the impugned order was passed during the Pandemic Covid—19 period. In my considered view the impugned order has caused irreparable loss and injury to the Revisionist/Petitioner. Thus being the position I am constrained to hold that the impugned order should be set aside keeping in mind the Pandemic Covid—19 situation in the whole country. I further hold that the Revisionist/OP should have been given an opportunity to file their written version.

I am not unmindful to give caution to the Revisionist/OP that they should be more careful and diligent to conduct the complaint proceeding in a serious manner in the near future. Resultantly, the impugned order is liable to be set aside for just, proper and effective adjudication of the complaint proceeding.

In the result the present Revision Petition succeeds.

The impugned order deserves interference of this Hon’ble State Commission.

It is, therefore,

O R D E R E D

That the present Revision Petition being no. RP/89/2022 be and the same is allowed ex parte subject to payment of cost of Rs. 10,000/- (Ten thousand) only payable to the Respondent/Complainant by the Revisionist/ICICI Bank.

The impugned order dated 12.04.2021 vide order no. 3 passed in the complaint case no. CC/397/2020 is hereby set aside.

Revisionist/OP/Bank is directed to submit their written version in the complaint case positively on 04.03.2024.

Ld. Commission below is directed to accept the written version if the same is filed on the stipulated date.

Both the parties are directed to appear before the Ld. Additional Consumer Disputes Redressal Commission, Rajarhat (New Town) on 04.03.2024 for receiving further order/orders.

Ld. Commission below is also directed to dispose of the complaint case as expeditiously as possible.

Let a copy of this order be transmitted to the Ld. Commission below for information and taking necessary action.

Let free copy of this order be sent to both the parties for information and strict compliance.

Thus, the Revision Petition stands disposed of.

Registry of this Commission is directed to do the needful.

Note accordingly.