Sri Subhra Sankar Bhatta, Presiding Member

The present Revision Petition has been preferred at the behest of the Revisionists/Petitioners viz. 1) UCO Bank, General Manager, Bankra Branch and 2) The Branch Manager, UCO Bank, Bankra Branch (who were the respective OP nos. 1 & 2 in the original complaint case) under the Consumer Protection Act, 2019 challenging the impugned order dated 27.02.2023 vide order no. 4 passed by the Ld. District Consumer Disputes Redressal Commission, Howrah in connection with Consumer Complaint Case no. CC/321/2022 whereby Ld. Commission below was pleased to pass the following order:-

Being aggrieved by and dissatisfied with the above order of the Ld. Commission below the Revisionists/Petitioners OP nos 1 & 2 have filed the present Revision Petition praying for allowing the same after setting aside the order impugned.

In the Revision Petition the Revisionists/Petitioners have contended that Sri Soumen Debnath as Complainant (Respondent herein) instituted the original complaint case against the Revisionists/Petitioners praying for certain relief/reliefs as sought for in the prayer portion of the petition of complaint.

It has been categorically contended that the present Revisionists/Petitioners as OP nos. 1 & 2 entered appearance in the said complaint case by filing Vokalatnama and also prayed adjournment for filing the written version.  It has been candidly contended that the Revisionists/Petitioners received the notice along with the complaint petition on 18.02.2023.  According to the Revisionists/Petitioners there were ample opportunities to present the written version in the said complaint case but the Ld. Commission below without affording any opportunity for filing the written version passed the impugned order and proceeded with the complaint case ex parte against the OPs/Revisionists Petitioners herein.  On such ground the Revisionists/Petitioners have prayed for allowing the present Revision Petition after setting aside the order impugned.

Ld. Counsel appearing for the Revisionists/Petitioners UCO Bank has argued that the present Revisionists/OP nos. 1 & 2 will be seriously prejudiced from the opportunity of being heard if the Revisionists are not allowed to contest the complaint case by accepting their written version. Drawing my attention to the impugned order dated 27.02.2023  Ld. Counsel has vehemently urged that on that particular date the present Revisionists as OP Nos. 1 & 2 entered their appearance and prayed for time to file written version.  Such prayer of the OPs was not considered.  Ld. Commission below arbitrarily and whimsically fixed the next date for ex parte hearing.  It has been submitted that the present Revisionists have a strong prima facie case to face the trial.  Ld. Counsel has prayed for allowing the present Revision Petition after setting aside the order impugned. It has been further prayed that an opportunity be given to the OPs to file their written version.

On the other hand Sri Soumen Debnath Respondent/Complainant  has strenuously argued that the complaint case has been dragging since 2022 and the Revisionists/OPs wilfully did not submit the written version within the stipulated period and as such the Ld. Commission below was pleased to proceed with the complaint case ex parte against the Revisionists/OP Nos. 1 & 2. The Respondent has also submitted that the allegations as embodied in the Revision Petition is totally fabricated, false, manufactured and created with the clear intention of  dragging the complaint proceeding. It has been also argued that the Ld. Commission below was absolutely justified in the approach and there is no illegality or irregularity in the order impugned.  He has prayed for outright rejection of the Revision Petition with compensatory costs.

Undoubtedly, the impugned order was passed on 27.02.2023 by the Ld. Commission below and the complaint case was proceeded ex parte against OPs/ Revisionists herein.  The impugned order goes to indicate that the OPs entered their appearance with Vokalatnama and did not file written version. 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 the W/V was kept with the record without giving specific rejection order.  It is expected that the written version ought to have been filed within the stipulated period but in the present case the Ld. Commission below proceeded ex parte with the complaint case without rejecting the prayer of the OPs to file their written version.  In my considered view the impugned order may cause irreparable loss and injury to the Revisionists/Petitioners.  Thus, being the position I am constrained to hold that the impugned order should be set aside and the Revisionists/OP nos. 1 & 2 should be given an opportunity to file their written version.

I am not unmindful to give caution to the Revisionists/OP Nos. 1 & 2 that they should be more careful and diligent to conduct the complaint proceeding in a serious manner in near future.  Consequently the impugned order is liable to be set aside for just, proper and effective adjudication of the complaint case.

In the result, the present Revision Petition succeeds and the impugned order deserves interference of this Hon`ble State Commission.

Hence,

O R D E R E D

That the present Revision Petition being No. 53/2023 be and the same is allowed on contest subject to payment of cost of Rs.10,000/- (Ten Thousand) payable to Respondent/Complainant by the Revisionists/OP Nos. 1 & 2, UCO Bank. The impugned order is hereby set aside.

Revisionists/OP nos. 1 & 2 are directed to submit their written version positively on 31.10.2023 in the complaint case before the Ld. Commission below.

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

The parties to this Revision Petition are directed to appear before the Ld. DCDRC, Howrah on 31.10.2023 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 forthwith for information and taking necessary action.

Thus, the Revision Petition stands disposed of.

Note accordingly.