Hon’ble Mr. Ajeya Matilal, Presiding Member

Both sides are present through their respective Ld. Counsels.

Being aggrieved by and dissatisfied with the Judgment dated 21.06.2022 passed in DCDRC, Rajarhat (Newtown) in complaint case being No.CC/253/2022, the Appellant preferred this Appeal.

Ld. Commission below observed in the impugned order:-

“Today is fixed for hearing of the complainant on the question as to its admissibility.  But none appears on behalf of the complainant and the statutory period for effecting admission is over.  Therefore, there should be an order for dismissal of the case”

With such observation the Ld. Commission below dismissed the case being not admitted.  Ld. Counsel for the Respondent submitted that as per statute the Complaint is required to be admitted within 21 days.  But as the Complainant did not take any steps within the aforesaid period so the complaint was dismissed.

In reply Ld. Counsel for the Appellant submitted that after institution of the complaint a very near relative (the wife of brother of the Appellant) expired in his native place in Bihar on 04.06.2022.  Thereafter, all family members went to Bihar for performing last rites and rituals.  As the Complainant filed the complaint petition in person, there was none as his representative to pursue the matter.  Moreover, the Howrah bound train on 17.06.2022  arrived at 3 p.m instead of 7.20 a.m in the morning.

In support of her contention Ld. Counsel for the Appellant referred to a decision of the Hon’ble First Bench in Appeal No. 165/2022 dated 30.05.2023 therein it was observed:-

“In this regard, we can cite the judgment passed by the Hon’ble Apex Court in Civil Appeal No.4767/2019 (Vibha Bakhi Gokhale & Anr. – Vs. – Ms. Gruhashilp Constructions & Ors.) in which Hon’ble Apex Court has observed that the ground for rejection is technical and in disregard in requirement of the substantial justice.  The Hon’ble Court has also observed “It is harsh to penalise a bonafide litigant for marginal delays that may occur in judicial process. The Consumer Fora should bear this in mind so that the ends of justice are not defeated”.  In the instant case also since the statutory period of 21 days for admissibility of the complaint is over, the Ld. Commission dismissed the complaint.”

So, considering the facts and circumstances of the case and representation of the Ld. Counsels for both sides we hold that an opportunity should be given to the Complainant to contest this case before the Ld. Commission below.  So, the Appeal deserves to be allowed.

Hence, it is

O R D E R E D

That the Appeal being No.A/166/2022 is allowed on contest without cost.

The impugned order is set aside.

The complaint case being No.CC/253/2022 be restored in its original file and number.

Parties are directed to appear before the Ld. District Commission below on 17.01.2025 and statutory period for filing W/V shall run from 17.01.2025.

Ld. Commission below is also requested to dispose of the case as early as possible without being influenced by any observation made by this Commission.

Order of stay, if any, be vacated.

Thus, the Appeal being No.A/166/2022 stands disposed of.

Note accordingly.