Sri Subhra Sankar Bhatta, Judicial Member

            Order No.05

Both the Ld. Counsels appearing for the respective parties to the Revision Petition are present.

Today is fixed for passing order upon the Revision Petition filed by the Revisionist/Petitioner.

Considered the submissions advanced by the respective  Ld. Counsels for the respective parties to the Revision Petition on 12.04.2023.

             Perused the contention of the Revision Petition.

Seen the materials available on record including the impugned order passed by the Ld. District Consumer Disputes Redressal Commission, Kolkata Unit—II (Central) in connection with complaint case no. CC/47/2022 wherein and whereby Ld. D.C.D.R.C. was pleased to pass the following order:-

            “Order No.  7 Dated 29.11.2022

Ld. Advocate for the complaint is present and he files Vakalatnama.  None is present for the OP and no step is taken.  No questionnaire is filed by the OP in spite of specific order and as such opportunity of the OP to file questionnaire is enclosed.

            Fix 07.02.2023 for filing E/chief if any by the OP.”

Being aggrieved by and dissatisfied with above order o;f the Ld. Commission below the O.P. as Revisionist Petitioner has preferred the present revision petition on the grounds as highlighted in the body of the Revision Petition.

By virtue of present Revision Petition the Revisionist/Petitioner National Insurance Company Limited has prayed for setting aside the impugned order dated 29.11.2022 passed in the complaint case. The Revisionist/Petitioner has also prayed for passing necessary order so that they can file questionnaire before the Ld. Commission and to contest the complaint case. It has been contended that the Revisionist/Petitioner is the Insurance Company duly registered under the Companies Act, 1956. The present Respondent as Complainant instituted a consumer complain being no. CC/47/2022 before the Ld. DCDRF, Unit—II Kolkata against the OP/Revisionist/Petitioner herein. It has been further contended that the complaint case is a quantum dispute in a fire insurance claim raised by the Complainant which was already settled from the end of the Revisionist/Insurance Company after obtaining consent of the Complainant. Despite such full and final settlement, the Complainant filed the said complaint before the Ld. DCDRC praying for relief/reliefs as sought for in the prayer portion of the complaint petition. It has been contended that the Revisionist/Petitioner was contesting the complaint case but on 29.11.2022 Ld. DCDRF, Unit—II Kolkata was pleased to close the opportunity to file questionnaire from the end of the OP/Revisionist/Petitioner herein. It has been candidly contended that the Revisionist/Petitioner entered appearance in the complaint case by filing vokalatnama and also submitted the written version within the stipulated period was contesting the case. Thereafter, the Complainant filed examination-in-chief on 24.06.2022 and the next date was fixed on 13.09.2022 for filing questionnaire by the OP/Revisionist. It has been highlighted much that due to wrong posting in the diary the questionnaire of the OP was not filed and the next date was fixed on 29.11.2022. According to the Revisionist/Petitioner the said mistake was caused due to wrong posting in the diary and there was no intentional laches on the part of the OP/Revisionist. The Revisionist has also contended that they will suffer irreparable loss and injury if opportunity of filing questionnaire is not given to them. On all such grounds the Revisionist/Petitioner has prayed for setting aside the impugned order dated 29.11.2022 after allowing the Revision Petition to file questionnaire and to contest the complaint case like previous manner.

During the course of hearing Ld. Counsel appearing for the Respondent/Complainant has fairly submitted that the Respondent/Complainant has no objection if the present Revision Petition is allowed subject to payment of adequate costs. He has also submitted that the complaint case should be heard and disposed of on merit.

On the other hand Ld. Counsel appearing for the Revisionist/Petitioner has submitted that the Revisionist/OP is willing to contest the complaint case on merit and as such the impugned order is liable to be set aside for the sake of justice.

Considering the submissions of both sides and having considered the circumstances we are of the concrete view that the present Revision Petition filed by the Revisionist/Petitioner should be allowed for just and effective adjudication of the complaint case. We are also of the view that an opportunity of filing the questionnaire from the end of the Revisionist/OP should be given by the Ld. District Commission for just and effective adjudication of the Complaint Petition.

The impugned order of the Ld. Commission below requires to be interfered with.

Thus, the Revision Petition succeeds.

It is, therefore,

O R D E R E D

That the present Revision Petition being no. RP/151/2022 filed by the Revisionist/Petitioner is allowed on contest subject to payment of cost of Rs. 1,000/- (C.P.) to be paid by the Revisionist/Petitioner to Respondent/Complainant.

The impugned order passed by the Ld. District Commission on 29.11.2022 (vide order no. 7) is hereby set aside. Ld. Commission below is directed to give an opportunity to the Revisionist/OP for filing their questionnaire. Both the parties are directed to appear before the Ld. Commission below on for receiving further order/orders.

Let a copy of this order be transmitted to the Ld. District Commission below forthwith for information and taking necessary action.

Interim order, if any, be vacated forthwith.

Thus, the Revision Petition stands disposed of.

Note accordingly.