19/06/15

HON’BLE JUSTICE MR. KALIDAS MUKHERJEE, PRESIDENT

            This Revision Petition is directed against the order no.17 dated 28/05/14 passed by Learned District Forum, Alipore, South 24-Parganas in case no.CC 467 of 2013 whereby the Learned District Forum recorded that the Complainant and OP Nos.1 and 4 were present and OP filed a petition for time.  The Complainant filed reply and copy was served.  Thereafter the Learned District Forum fixed several dates, namely, 12/06/14 for evidence by contesting OP, 24/06/14 for questionnaire by the Complainant, 07/07/14 for reply by OP and 14/07/14 for argument. 

            It is submitted by the Learned Counsel for the Revision Petitioner that the impugned order is not sustainable, in as much as, no reason was recorded in not allowing time to OP No.2/Revision Petitioner herein to put questionnaire to the Complainant.  The Learned Counsel for the Revision Petitioner has cited decision reported in (2011) 1 WBLR (CPSC) 672 [Sri Suresh Kumar Khetawat vs. The Manager, Bank of America & Anr.].

            The Learned Counsel for the Respondent No.1 has submitted that the OP No.2 remained absent on 19/05/14. 

            We have heard the submission made by both sides and perused the papers on record.  By the order impugned the Learned District Forum did not record any reason for not allowing time to OP No.2 to file questionnaire and thereby committed material irregularity.

            The Revision Petition is allowed.  We set aside the impugned order.  The Revision Petitioner/OP No.2 of the complaint is given liberty to file questionnaire subject to payment of cost of Rs.1,000/- (one thousand) to the Complainant by 08/07/15 and upon payment of such sum the Learned District Forum will accept the questionnaire of OP No.2 and proceed to dispose of the case on merits according to law.