15.01.2016

MR. UTPAL KUMAR BHATTACHARYA, HON’BLE MEMBER.

          The instant appeal has been filed by the Appellant/Complainant challenging the judgment and order No. 6 dated 08.10.2013 passed by the Ld. District Forum, Paschim Medinipur in Complaint Case No. 72/2013 dismissing the complaint.

          The facts of the case, in brief, are that the Appellant/Complainant was absent at the time of hearing of the complaint case on the date on which the impugned order was passed.

          It was observed by the Ld. District Forum in the impugned judgment and order that the complaint, apparently, did not indicate any deficiency done by the Respondents/O.Ps.

          Heard the Ld. Advocates on behalf of the Appellant/Complainant and Respondent/O.P. No. 2.  The Ld. Advocate for the Appellant/Complainant submitted that the complaint case was dismissed in absence of the Appellant/Complainant.  The complaint was pending at the stage of filing W. V. when the impugned order dismissing the complaint was passed.  The Appellant/Complainant was not given the opportunity of being heard to establish the reason of his filing the complaint and the deficiency done on him by the Respondents/O.Ps.

          The Ld. Advocate prayed for sending back the case on remand with a view to providing an opportunity to the Appellant/Complainant of being heard.

          No representative was there on behalf of the Respondent/O.P. No. 1 against whom the alleged deficiency has been ventilated in the complaint.  The Respondent No. 2/O.P. No. 2, however, was represented by the Ld. Advocate on his behalf.

          Perused the papers on record.  It appears from the impugned order passed by the Ld. District Forum that the complaint was dismissed without allowing the Appellant/Complainant the least opportunity of being heard.

          In the light of the circumstances, we are of the considered view that the Appellant/Complainant should have been given an opportunity to establish the merit of the allegations brought against the Respondents/O.Ps in the complaint filed by him. 

         Therefore, in the interest of justice, the appeal is allowed setting aside the impugned order.  The case is being sent back on remand to the Ld. District Forum with the direction to hear the complaint case from the stage it was last heard.  Both the parties are directed to appear before the Ld. District Forum on 02.02.2016.