Hon’ble Mr. Ajeya Matilal, Presiding Member
Both sides are present through their Ld. Counsels.
Being aggrieved by and dissatisfied with Order dated 13.04.2022 passed by DCDRC, Krishnanagar, Nadia in CC/274/2019 passing an Order to the effect that the case shall run ex-parte against the Opposite Party Nos.1 & 2, Opposite Party No.2 preferred this Revision Petition.
It appears from the impugned Order that the Ld. Commission below fixed a date on 12.08.2022 for ex-parte evidence by the Complainant.
It is submitted by the Revisionist/Petitioner that she has already filed W/V, but it was not accepted by the Ld. Commission below because it was filed after the statutory period. So, the Revisionist prayed for acceptance of the same by the Ld. Commission below.
Ld. Counsel for the Respondent referred two decisions of the Hon’ble Apex Court
- in reportable Judgment of the Hon’ble Supreme Court of India “in CIVIL APPEAL NO.10941-10942 of 2013”.
Wherein it is observed that the Complainant filed W/V beyond the period of 15 days in addition to 30 days as is envisaged U/s.13 of the Consumer Protection act cannot be entertained.
- The Hon’ble Apex Court on the same context “in Civil Appeal No.8181/2019 dated 21.10.2019”.
However, it appears from the decisions referred above the aforesaid opportunities are applicable in case of the Trial Consumer Commission but this opportunity is not applicable in case of Revision and Appeal.
So, in view of the above observation the Revision Petition being No.75/2022 is allowed on contest.
The impugned Order dated 13.04.2022 is set aside.
Parties are directed to appear before the Ld. Commission below on 06.02.2025.
Ld. Commission below is requested to dispose of the case in accordance with law after giving the parties an opportunity of being heard within 60 days from the date of their appearance.
Order of stay, if there is any, be vacated.
Thus, the Revision Petition being No.75/2022 is allowed and disposed of.
Let a copy of this Order be sent down to the Ld. Commission below.
Note accordingly.
