An application under Order 9, Rule 4 with section 141 of the Civil Procedure Code has been filed by the complainant Papri Chakraborty.  The case was dismissed on 24.4.2019 due to not taking steps by the complainant. Therefore, the complainant has filed an application for setting aside the  order of ex parte hearing and to restore the case to its file in original number.

            Ld. Counsel for the O.P has fairly submitted that this Court has no special matter of jurisdiction to entertain after dismissal of the case.  The complaint case was filed on 23.9.2013 and  the case wwas disposed of on 28.9.2015. Thereafter the O.P went in Appeal bearing F.A. No. A/1232/2015.  The Hon’ble State Commission sent back the case on remand with direction to make Life Insurance Company Ltd. as O.P of this case.  Consequently the O.P Papri Chakraborty was directed to take steps to make Reliance Life Insurance Company in this case,  but they did not take any step for the reason  best known to them. Ultimately the case was dismissed on 24.4.19.

            Having regard to the submission of the Ld. Counsels of the respective parties and after perusal of the case record it appears to the Forum that the District Consumer Disputes Redressal Forum, Jalpaiguri,  has no jurisdiction to set aside the order no.34 dated 24.4.19 dismissing the case for default. However, the complainant, if so desires, can go in Appeal before the Hon’ble State Commission for setting aside the order of dismissal and also the complainant is at liberty to pray for exclusion of the period taken before this Forum to get exemption in the Law of Limitation Act.

            With this observation the M.A case be dismissed. There will be no order as to cost.