This appeal is directed against the final order of Ld. DCDRF Coochbehar, dated 21/10/2019 in reference to CC No. 3 of 2018. The fact of the case in nutshell is that the appellant a physically handicaped person, purchased a savings scheme policy to the offer price tuned at Rs. 50,400/- from the branch manager of pan card club Ltd. and the maturity date was fixed on 26/08/2016 and it was stipulated that on that date the OP Pan card club would refund Rs. 1,00,000/- against the said savings scheme but could not discharge their liability. So, this case. The consumer complaint was duly admitted by the Ld. Forum of Coochbehar. Subsequently on the date of hearing the complainant could not take proper steps. So, he was show caused. On 21/10/2019 the complainant did not file any show cause. So, the Ld. Forum has dismissed the consumer complaint for default.
So, this appeal against the said order. The appeal was registered and admitted before this Commission in due course. Notice of appeal was sent to the official address of the respondents. But they have intentionally avoided and refused to accept the notice of appeal. So, this Commission has no other alternative but to hear the appeal ex parte for the interest of justice as a person having 80% physical disability was cheated by a financial organization.
Decision with reason,
Having heard the Ld. Advocate of the appellant and after going through the contents of consumer complaint and memo of appeal and also after considering the final order of Ld. Forum on merit, it appears to this Commission that as per provision of Sec 13(2) (C) of CP ACT, 1986, where the complaint fails to appear on the date of hearing, the Ld. Forum may either dismiss the complaint for default or decide it on merits. So, the ACT itself empowers The Ld. Forum to pass an order of dismissal of consumer complaint for not taking appropriate steps on the part of the complainant. But on the other hand, the CP Act it self is a piece of beneficial legislation where the primary object of the legislators to have protect the right of every consumers from the oppressors.
Here in this case, the appellant is not only a handicaped person but also a very poor man who has tried to fight an uneven battle. So, his interest and grievances should not be drained out in a mechanical approach.
Considering all these views in mind the Commission has come to a conclusion that the appellant as a bonafide consumer should get a fresh opportunity to ventilate his grievances in a proper manner. In this perspective the order of Ld. Forum appears to be misconceived and liable to be interfered.
The appeal succeeds.
Hence, it is ordered
That the instant appeal is hereby allowed ex parte on merit without cost. The order of Ld. DCDRF, Coochbehar in CC No. 3 of 2018 dated 21/10/2019 is hereby set aside. The Ld. Forum is requested to reopen the case on 23/11/2020 and provide opportunity to the appellant/ complainant to conduct the hearing of the case as per provision of CP ACT, 1986 and Ld. Forum should adjudicate the dispute in accordance with law and merit of the case.
Let a copy of this final order be handed over to the parties to this case free of cost and the order to be communicated to the Ld. DCDRF, Coochbehar through E-mail.
