Hon’ble Mr. Ajeya Matilal, Presiding Member

Ld. Counsel appearing for the Appellant is present.

Respondent no. 4 is present in person.

Respondent Nos. 1, 2, 3 and 5 are found absent on call.

Today is fixed for final hearing of the appeal.

The appeal being no. 91/2020 is taken up for hearing.

Being aggrieved by and dissatisfied with the order no. 17 dated 18.11.2019 passed by the Ld. DCDRC, Hooghly dismissing the complaint case no. 148/2017 for default, Appellant/Complainant preferred this appeal.

The Ld. Counsel for the Appellant submitted that the case was mis-posted in the diary. So, the Appellant/Complainant could not take steps on 18.11.2019.

It appears from the impugned order that the Complainant was absent without any steps and hazira was filed on behalf of the OPs concerned. We find as the Appellant/Complainant is willing to contest the case before the Ld. Commission below so an opportunity should be given to him for doing the same.

In view of the above observation, the appeal is allowed. The order no. 17 dated 18.11.2019 is set aside.

Parties are directed to appear before the Ld. Commission below on 12.12.2024.

The Ld. Commission below is requested to dispose of the case within three months from 12.12.2024 in accordance with law without being influenced by any observation made by this Commission.

Let a copy of this order be sent down to the Ld. Commission below.

Appeal being no.91/2020 is disposed of.

Note accordingly.