Kunadan Kumar Kumai

This is Appeal u/s 41 of the Consumer Protection Act, 2019 preferred against the order dated 21/04/2022, passed by the Ld. DCDRC, Raiganj, Uttar. Dinajpur in Consumer Complaint Case no. CC/27/2022.

Brief fact of the Appellant’s Case is that the Appellant, had filed a Consumer Complaint Case being no. CC/78/2018, before the Ld. DCDRF, Raiganj, Uttar Dinajpur and during the pendency of the Case, due to the absence of the Appellant the said Case had been dismissed for default, vide order no.22 dated 06/03/2020. Thereafter, another Consumer Complaint Case being no. CC/43/2021 had been filed and the same had not been admitted vide order no.04 dated 07/03/2022. Yet another Consumer Complaint Case being no. CC/27/2022 had been filed and the same had been rejected vide order no.02 dated 21/04/2022.

Being aggrieved by the above order the Appellant preferred this instant appeal on the ground that the Ld. Commission below had not followed the provisions of section 36 of the Consumer Protection Act, 2019, causing serious prejudice to the Appellant.

                                                      Decisions with Reasons

Ld. Advocate for the Appellant at the time of final hearing, had submitted that the provisions of section 36 of the Consumer Protection Act, 2019, had not been followed causing serious prejudice to the Appellant and prayed for setting aside the impugned order. He has relied in the judgement passed by the Hon’ble Supreme Court of India in New India Assurance Co. Ltd. Vs. R. C. Srinivasan in Appeal (Civil) 11439 of 1996 on 28/02/2000 and in Indian Machinery Co. Vs. M/s. Ansal Housing and Construction in Civil Appeal no.557 of 2016, passed by the Hon’ble by the Supreme Court of India on 27/01/2016.

The Respondents did not appear for which reason the instant appeal was heard ex-parte.

The first case being no. CC/78/2018 had been dismissed for default vide order no.22 dated 06/03/2020, the next Case being no. CC/43/2021 had been filed and the same had not been admitted vide order no.04 dated 07/03/2022 and the last Case being no. CC/27/2022 had been filed and the same had been rejected vide order no.02 dated 21/04/2022. Thus, from the above it becomes clear that the Appellant’s Case was never disposed of on merit on the three occasions and in this connection, following the observations of the Hon’ble Supreme Court in the above-mentioned Cases, New India Assurance Co. Ltd. Vs. R. C. Srinivasan in Appeal (Civil) 11439 of 1996 on 28/02/2000 and in Indian Machinery Co. Vs. M/s. Ansal Housing and Construction in Civil Appeal no.557 of 2016 on 27/1/2016, to not defeat the Case on technicalities when the same has not been adjudicated on merits, needs to be followed in the instant case as well.

Moreover, as pointed out by the Ld. Advocate, the Appellant was not provided with an opportunity to be heard, as required under the provisions of section 36 of the Consumer Protection Act, 2019, when the first Case had been dismissed for default. As such the impugned order cannot be sustained. Under the circumstance, the instant appeal succeeds.

                                                              It is therefore

                                                              ORDERED

That the instant appeal be and the same is allowed ex-parte, but without cost.

The impugned order is hereby set aside with a direction to provide an opportunity to conduct the Case from the stage, at which the Case had been dismissed in CC/78/2018.

Copy of the order be handed over to the party, free of cost.

Copy of the order be sent to Ld. DCDRC, Raiganj, Uttar Dinajpur, for necessary information and action.