Sri Shyamal Gupta, Member

The present Appeal arises out of the final order dated 13-04-2017, passed by the Ld. District Forum, North 24 Parganas in CC/265/2016, whereby the instant case was dismissed for default.

The case of the Appellant, in short, is that, he moved the instant complaint case through an Advocate.  As the conducting Advocate left for the USA along with her husband post marriage no step could be taken before the Ld. District Forum resulting which the same was dismissed for default.

Ld. Advocate for the Respondent No. 3 submitted that the Ld. District Forum gave ample opportunities to the Appellant to file reply to the show cause.  However, the Appellant intentionally avoided due compliance of such order resulting which the instant case was dismissed. 

Considering all aspects, in the interests of natural justice, I am inclined to allow this Appeal with a token cost.

Hence,

O R D E R E D

The Appeal stands allowed on contest against the Respondent No. 2 and 3 and ex parte against the Respondent No. 1.  The impugned order is set aside subject to payment of a cost of Rs. 1,000/- by the Appellant to the Legal Aid account of the Forum below.  Fix 27-03-2019 for appearance of the parties and payment of cost by the Appellant before the Ld. District Forum.