Assam

StateCommission

A/77/2014

Dr. Manab Jyoti Barman - Complainant(s)

Versus

Sri Moon Saikia - Opp.Party(s)

Mr. S. C. Kayal

18 Dec 2014

ORDER

Heading1
Heading2
 
First Appeal No. A/77/2014
(Arisen out of Order Dated 12/09/2013 in Case No. CC/58/2012 of District Kamrup)
 
1. Dr. Manab Jyoti Barman
Sri Sankardeva Netralaya, Beltola, Guwahat781028
Kamrup
Assam
2. The Secretary
Trust Board of Sri Sankardeva Netralaya, Beltola, Guwahat781028
Kamrup
Assam
...........Appellant(s)
Versus
1. Sri Moon Saikia
S/o Sri Deben Saikia, Vill.- Bherberi, P.O.- Haluagaon, P.S.- Samaguri
Nagaon
Assam
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Asok Potsangbam PRESIDENT
 HON'BLE MR. Biren Ch. Medhi MEMBER
 
For the Appellant:Mr. P. Baruah,Advocate, Proxy for Mr. S. C. Kayal, Advocate for
For the Respondent: Mr. S. Das, Advocate
ORDER

Heard Ms. P. Baruah, learned counsel appearing for the petitioner and also heard Mr. S. Das, learned counsel appearing for the respondent.

            This revision petition is filed against the order dated 4/3/2014 rejecting the application to set-aside the ex-parte order and for allowing the petitioner to contest the case before the District Forum. The ground for rejection as reflected in the impugned judgment is that District Forum has not power on jurisdiction to review and recall the ex-parte order in view of judgment of the Supreme Court cited in the impugned judgment. To that extent, we are in complete agreement with the finding of the District Forum. However, as held by the National Commission, the rejection order dated 4/3/2014 is appealable before this Commission.

Accordingly, this revision petition is converted to an appeal. Registry is to give a number.

Learned counsel for the respondent had not objected to the prayer of the appellant/petitioner and also considering the fact that case was not decided on merit, we have decided to dispose this appeal by setting aside the order dated 4/3/2014. Accordingly, order dated 4/3/2014 passed by the District Forum is hereby set-aside and case is remanded to District Forum for hearing on merit. It is made clear that the petitioner/appellant shall be allowed to file W/S on the date fixed by the District Forum. Parties are to appear before the District Forum on 16-2-2015.

            Send a copy of this order along with the records to the District Forum

 
 
[HON'BLE MR. JUSTICE Asok Potsangbam]
PRESIDENT
 
[HON'BLE MR. Biren Ch. Medhi]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.