Hon’ble Mr. Ajeya Matilal, Presiding Member

          The Ld. Advocates for both parties are present.

          The revisionist/ complainant challenges the legality of the order passed by Ld. DCDRC, Nadia in CC/7/2022 on 23.05.2022. The Ld. Advocate for the revisionist submitted that by the impugned order the commission below extended the period of filing W.V by the OPs in violation of the statute.

On the contrary, the Ld. Advocate for the respondent submitted that as per order passed by the Commission they appeared before the same on 23.05.2022 and as directed by the commission below they filed the W.V on 14.06.2022 as it appears from para 8 of the revision application.

          Drawing my attention to para 4 of the revisional application that the notices were duly served on 08.02.2022 and 09.02.2022 upon the OPs. The OPs were to suppose to file W.V within 45 days from the date of receiving of notices.

But it appears the Ld. Commission below by the impugned order extended the time for filing W.V as last chance on 14.06.2022 which was beyond the statutory period of 45 days as prescribed by the C.P. Act, 2019.

So, we are of the view that the impugned order cannot be sustained in the eye of law and it suffers from illegality.

Accordingly, the RP/71/2022 is allowed on contest without costs. The impugned order is set aside. The CC/7/2022 shall run ex parte against the OPs.

Fix 26.07.2023 for appearance of the parties before the Ld. DCDRC, Nadia and filing evidence on affidavit by the complainant.

          Joint Registrar of this Commission is directed to do the needful in this regard.