Sri Shyamal Gupta, Member

This Appeal is directed against the order dated 12.10.2018 of the Ld. DCDRC, Kolkata—II (Central) passed in CC/149/2018 by the Appellant/Complainant.

Without going to the details of the Complaint, it be mentioned that, Ld. DCDRC dismissed the case with the following observation on 12.10.2018.

“Today is fixed for filing Examination-in-Chief by the complainant as last chance. Neither the Complainant files Examination-in-Chief in the form of affidavit nor file an application for extension of time to file Examination-in-Chief. On scrutiny of the record it appears that the Complainant is absent in the Forum since 06-06-2018. This attitude of the complainant goes to show that he has no interest to proceed this case. Accordingly, we have no option but to dismiss the case.”

Ld. Advocate of the Appellant prays for giving liberty to Complainant to file evidence in chief.

Considering the entire panorama, the same is considered and allowed.

Hence the case is remanded back to Ld. DCDRC for fresh adjudication on merit. Fix 28.01.2022 to submit evidence by Complainant positively before the Ld. DCDRC.

Thus the Appeal is allowed in part.