Final Order/ Judgement

The instant revisional application relates to the order no. 5 dated 9/7/2018 passed by the Ld. D.C.D.R.F, Siliguri. The Revisional case in a nutshell is that the opposite party/respondent filed the consumer case no. 34 of 2018 before the Ld. D.C.D.R.F, Siliguri against the revisionist as principle opposite party. The revisionists as opposite party to the consumer case after receiving the notices could not appear before the Ld. Forum in time due to some miscommunications about the date of the instant consumer case no. 34 of 2018. On 9/7/2018 the forum fixed the date of filing written version on the part of the revisionists no. 1 to 4. On that date also, due to miscommunication, the revisionists could not appear before the Ld. Forum. Ld. Forum thereafter passed the impugned order for hearing the case ex-parte against the revisionists that is OP No. 1 to 4 of that case. Being aggrieved with the said order, the revisionists has come before the Commission in the form of revisional application and prayed for set aside the impugned order so that the revisionists may get an opportunity of being heard before the Ld. Forum in view of the natural justice. The consumer complainants who happened to be the opposite parties of this revisional case, has contested the revisional application by appointing the Ld. Advocate to conduct their case on their behalf. The revisional application on merit is heard today in presence of Ld. Advocate of both sides.

D e c i s i o n s   W i t h   R e a s o n s.

Admitted position is that the revisionists of this case who happened to be the opposite party no. 1 to 4 of CC No. 34 off 2018 had received the notice of the consumer case on 22/5/2018. The certified copies of the order sheets of the consumer case no. 34 of 2018 has shown that the revisionists were provided ample opportunities to file the written version of that case and thereafter the statutory period of limitation of filing W.V that is 45 days became over on 9/7/2018 and as such the Ld. Forum had no other alternative but to stop the process of filing W.V on the part of revisionists. Now, the revisionists has come before this commission with a prayer to allow them to contest the instant consumer case and no order should be passed against them ex-parte. The prayer portion of the revisionists confines to set aside the impugned order no. 5 dated 9/7/2018. Now, the question is whether the State Commission can interfere with the order of Ld. Forum where the revisionists was completely debarred by the statutory provisions of the CP Act in filing W.V after elapsing of 45 days from the date of receiving the notice of the consumer complaint case. In our view, the State Commission cannot go beyond the order of the Ld. Forum in this perspective. On the other hand, the revisionists as OP No. 1 to 4 of that consumer complaint case pending before Ld. D.C.D.R.F, Siliguri bearing no. 34 of 2018, in view of the natural justice should get an opportunity of being heard so that no order should be passed ex-parte against them. Their prayer confines to the maxim of justice, equity and good conscience. We know very well that in judicial system justice should not only be done but have to be shown that justice has been done. In view of that perspective the judicial system always encourages the judicial agencies to dispose of any matter in dispute judiciously by applying judicial mind and by giving the opportunity of being heard to both the parties and Adi Alterim Partem always justify that both parties of any dispute should get an opportunity of being heard before disposal of the dispute on merit and in that perspective if we debar the revisionists from contesting case on merit before the Ld. Forum, the justice surely and completely will be incomplete. So, this State Commission in the light of natural justice thinks it proper and fit to allow the revisionists to get an opportunity before the Ld. Forum to contest the case by submitting the written note of arguments and by producing the documentary evidences before the forum and to get an opportunity of hearing over the argument. They are not entitled right now to file W.V and to file any oral evidences by submitting affidavit before the Ld. Forum as time has already passed out.

            Considering all aspects, of this case the revisional application is partly allowed on contest subject to payment of cost of Rs. 2000/- to be paid by the revisionists to the opposite parties of this case before the Ld. Forum by the next date fixed in that case. The revisionists only are allowed to file the WNA and documentary evidences before the Ld. Forum and to have an opportunity of placing argument before the Ld. Forum. Ld. Forum would dispose of the instant consumer complaint case according to the merit after accepting the written note of argument, documentary evidences and oral arguments of revisionists of this case. Accordingly, the instant revisional case is hereby disposed of.

           The Interim order of stay passed by this Commission earlier, is hereby recalled.

           Let a copy of this order be sent to the Ld. D.C.D.R.F, Siliguri by e-mail and by a special messenger.