ORDER NO. 9 DT. 07.03.2011

HON’BLE JUSTICE MR. P.K.SAMANTA, PRESIDENT

Appellant is present through Mr. Dipalok Majumdar, Ld. Advocate, who files BNA.  Respondent is present in person.  Heard both sides in full.  Judgement is passed as under :-

This Appeal is directed against order dt. 22.1.10 passed by Consumer Disputes Redressal Forum, Unit-I, Kolkata, on the application filed by the OP Nos. 2 & 3 for setting aside the Order No. 10 dt. 28.8.09 passed in CDF/Unit-I/Case No. 58/2008.  The said application was filed by the OP Nos. 2 & 3 for setting aside the said order dt. 28.8.09 alleging that the same was passed ex parte against the said OP Nos. 2 & 3.  Most surprisingly the Forum below without taking up the said application for disposal on merits by giving complainant an opportunity to file objection to the same and considering the merits of the said application upon an opportunity of hearing to the parties dismissed the same by merely recording a note on the first page of the said application on 22.02.10 to the effect that since the judgement was passed on 28.8.09, the setting aside of the same, therefore, did not arise.  The manner in which the said application was disposed of smacks all judicial norms for disposal of an application.  We are, therefore, of the view that the order dt. 22.1.10, if any, passed on the said application for setting aside was absolutely illegal as it was made without following the prescribed procedure for disposal of the same.  The said order is thus set aside.  The application for setting aside the order dt. 28.10.09 as filed by the OP Nos. 2 & 3 be sent back on remand to the Forum below for fresh disposal on merits in accordance with the provisions of law.