Sri Shyamal Gupta, Member

Present Revision is directed against the Order dated 02-02-2017 passed by the Ld. District Forum, Kolkata-II (Central) in C.C. No. 457/2016.

It is the case of the Revisionist that in respect of the complaint filed by her, the Ld. District Forum fixed 02-02-2017 for filing reply to the questionnaire put forth by the Respondents.  However, it being a declared holiday on the eve of Saraswati Puja in Calcutta High Court/City Civil Court area, no Notary Public was available for which her Ld. Advocate was compelled to go to Alipore Court for notarization purpose and by the time, it was made ready, the Ld. District Forum already fixed the next date for filing Evidence on Affidavit by the Respondents. Hence, this Revision is filed for setting aside the said order.

Heard the Ld. Advocates of the parties in the matter and perused the documents on record.

It appears that on 18-01-2017, the Respondents filed their questionnaire, when the next date was fixed on 02-02-2017 for filing reply to said questionnaire.  Thus, the Revisionist was accorded a fortnight’s time for this purpose which was sufficient time by any means.  It is not understood, as to why did the Revisionist not make it ready in all respects well in advance to avoid last minute rush.

Moreover, the situation did not arise out of the blue.  Therefore, there is no reason to believe that the Ld. Advocate of the Revisionist was not alive to the situation.  We, therefore, fail to understand why timely action was not taken to keep such eleventh hour situation at bay. While the Ld. District Forum was keen to expedite disposal of the case, it was incumbent upon the Revisionist to reciprocate through due compliance of the order of the Ld. District Forum.

The alibi as given by the Revisionist does not appear quite satisfactory to us. However, in the interests of justice, we are inclined to allow this Revision subject to deposit of a cost of Rs. 500/- with the Welfare Fund of the Ld. District Forum.

Hence,

O R D E R E D

The Revision stands allowed in part.  The impugned order is hereby set aside.  Revisionist is directed to appear before the Ld. District Forum on 05-02-2018 and deposit requisite cost and reply under affidavit.