Sri Shyamal Gupta, Member

Present Revision arises out of the Order dated 07-11-2017 of the Ld. District Forum, Kolkata-II (Central) in CC/378/2017.

Case of the Revisionists, in short, is that, on receipt of notice from the Ld. District Forum on or about 21-09-2017, the Revisionists immediately asked their Ld. Advocate to enter appearance and prayed for time to file WV.  On the next day, i.e., on 16-10-2017, the concerned Ld. Advocate was out of station and as a result, the Revisionists remained unrepresented before the Ld. District Forum.  After returning Kolkata on 04-11-2017, the concerned Ld. Advocate enquired about the status of the case from the Ld. District Forum and thereafter on 07-11-2017, filed WV.  However, the Ld. District Forum refused to take any cognizance of the same citing expiry of the statutory period for submission of WV and fixed the next date for ex parte proceeding.  Against such backdrop, this Revision is filed.

By submitting a WO, it is submitted by the Respondent that on 18-09-2017 itself, notices were sent to all the Revisionists.  However, on the date fixed, i.e., on 16-10-2017 they did not turn up.  Similarly, on 03-11-2017 also, the Revisionists remained conspicuous by their absence. Since the Revisionist No. 3 received the summon on 23-09-2017, the Ld. District Forum fixed 07-11-2017 as the last date of appearance.  Since none of the Revisionists submitted WV within the statutory period, the Ld. District Forum fixed 29-11-2017 for ex parte hearing.  Contending inter alia that ample opportunities were given to the Revisionists to defend their case, the Respondent prayed for rejection of this Revision.

Heard both sides and gone through the record.

There can be no manner of doubt that the Ld. District Forum provided adequate opportunities to the Revisionists to defend their case.  Despite receipt of notice on 19-09-2017, the Revisionist No. 1 turned up before the Ld. District Forum for the first time on 07-11-2017.  The alibi given by the Revisionists is not suffice to justify their non-appearance for nearly 50 days. 

Having said that, for ends of justice and taking into consideration the decision of Hon’ble Supreme Court in Reliance General Insurance Co. Ltd. & Anr. v. M/s Mampre Timbers & Hardwares Pvt. Ltd. & Anr., Civil Appeal D. No. 2365/2017, being referred to by the Revisionists, we deem it fit and proper to allow the Revision with cost.

The Revision, thus, succeeds in part.

Hence,

O R D E R E D

The Revision stands allowed on contest in part with a cost of Rs. 10,000/- being payable by the Revisionists to the Respondent/Complainant.  The impugned order is hereby set aside.  Parties to appear before the Ld. District Forum on 03-08-2018 for fresh adjudication of the case.