Today is fixed for hearing the revisional application. Revisionist is present through Ld. Advocate. The OP Subhajit Kundu is present to conduct his case. The revision is directed against the order dated 27/08/2019 passed by Ld. D.C.D.R.F Dakshin Dinajpur in CC. No. 46 of 2019. The fact of the case in nutshell is that the OP Subhajit Kundu registered a consumer complaint against the revisionist and other U.S 12 of CP Act 1986. The revisionist after receiving the notice on 12/07/2019 through post appeared before the Ld. Forum on 09/08/2019 and prayed for time to file WV. The OP No. 2 was allowed to file the WV on 27/8/2019. The OP No. 2 revisionist filed a petition on 27/8/2019 challenging the maintainability of the case but the Ld. Forum without any hearing of the petition rejected the same and also passed the order to hear the case ex-parte against OP No. 2 revisionist as he could not file the WV within statutory period.

Being aggrieved with the said order this revision follows on the ground that the order of Ld. Forum was not proper in law and liable to be set aside. The instant revision is challenged by the principle OP before this commission.

Decision with reason

Admittedly in the selfsame matter the complainant/OP filed a consumer complaint bearing No. CC 53/2018 where this revisionist as OP No. 2 filed the WV in due time. The complainant Subhajit Kundu submitted his evidence. The revisionist also put questionnaires. After that the complainant remained absent on consecutive dates for which his complaint was dismissed for default. There after this complainant again registered this instant case bearing No. CC/46/2019. The revisionist intended to challenge the same re-registered case and for that reason he submitted a petition challenging the maintainability of the case. But his petition remained un heard which was not appropriate on the part of the adjudicating authority. Rather the Ld. Forum had the opportunity to treat the same maintainability petition as WV of revisionist. Now the said case still pending for disposal. So, for the interest of fair justice the revisionist should be allowed to contest the consumer dispute.

Hence, it is ordered,

That the instant revisional application is here by allowed on contest without cost. The impugned order dated 27/08/2019 delivered by the Ld. D.C.D.R.F Dakshin Dinajpur, in CC No. 46 of 2019 is here by set aside. The revisionist as OP No. 2 of the case is permitted to file the WV within a month and his petition challenging the maintainability of the case shall be disposed of before the Ld. Forum at the time of final hearing of the case. Both parties are directed to appear before the Ld. D.C.D.R.F Dakshin Dinajpur on 17/03/2020 and on that very day the revisionist shall submit the WV. A copy of this order be supplied to the parties free of cost and the order of this commission be communicated to the Ld. D.C.D.R.F Dakshin Dinajpur for necessary action.

The interim order of stay passed by this commission stands withdrawn.