ISHAN CHANDRA DAS, HON’BLE PRESIDENT

          The instant appeal has been directed against the Order dated 30.03.12 passed by the District Consumer Disputes Redressal Forum,  Unit-I, Kolkata , in Case No. CC/90/2011, passed ex parte against the OP herein, where Ld. Forum concerned while  allowing the complaint case against the OP directed him to refund the amount  received by them for Europe Tour of the Complainant together with interest @ 9% p.a from the date of deposit till the date of realization with further direction to pay compensation of Rs. 25,000/- and Rs. 5000/- for harassment, mental agony and litigation cost etc. 

          Being aggrieved by and dis-satisfied with the said order passed ex parte against the OP the present Appeal has been preferred on the ground that the Forum concerned did not give opportunity to the OP to contest the proceeding rather it hurriedly disposed of the complaint case against him ex parte providing only 30 days time for filing written version and resulting miscarriage of justice. Heard Ld. Counsel for the parties at length , the order sheet as produced by the OP/Appellant herein, being annexure to the memorandum of Appeal, suggested that on 27.06.2011, one date for filing written version by the OP was given and such date was fixed on 01.08.2011. Thereafter, the date was extended to 05.09.2011 and again 24.10.2011 for filing written version as last chance, but none appeared for the OP to file W.V or to contest the proceeding,  which prompted the Forum concerned to pass the order ex parte against the OP/ Appellant herein. Since order sheet dated 27.06.2011 is not clear about the service of notice upon the OP/Appellant we are unable to accept that the notice was properly served upon the OP of CC/90/2011, the service of notice upon the OP being a condition precedent before taking the matter to be heard ex parte and in view of the fact that the service of such notice  is not a mere formality,  it must be an effective service. Hence we are unable to accept that the notice was duly served upon the OP before the matter was taken up for ex parte hearing. Hence, we find no alternative but to set aside the order passed ex parte against the OP and to send the case back on remand for fresh decision of the case after giving the OP/Appellant an opportunity to file W.V within 15 days from the date of receipt of the copy of the order but subject to payment of cost of Rs. 5,000/- (C.P) and a further direction is given to the Forum concerned to dispose of the entire proceeding within 6 months from such date. The case be restored to original file and number of the Forum concerned on payment of such cost. This Appeal is thus disposed of on contest.  To 21.04.17 for appearance of the parties before Ld. Forum concerned i.e., Ld. District CDR Forum Kolkata , Unit –I.