HON’BLE MR. SHYAMAL KUMAR GHOSH, MEMBER 

The instant appeal has been preferred by the Appellant/complainant  challenging the   judgement and order impugned  dated 13.06.2023 passed by the Ld. District Commission, Kolkata Unit IV, Sealdah , 24 Parganas( South) in connection with CC case being No. CC/71/2023 wherein  the Ld. Trial Commission concerned has been pleased to dismiss the CC case being No. CC/71/2023.

The fact is that the instant CC case has been filed by the complainant against the opposite parties praying for execution and registration of the deed of conveyance in respect of ‘B’ schedule property,  delivery of the peaceful vacant possession  of the flat alongwith common facilities and amenities, delivery of possession certificate, compensation cost, etc.

We have heard the Ld. Advocate appearing for the Appellant/Complainant on the point of admission hearing at length and in full.

We have considered the submissions of the Ld. Advocate appearing for the Appellant.

We have meticulously perused the materials available on the record.

It appears from the order impugned   being no. 4 dated 13.06.2023 that    after availing several opportunities, the complainant has failed to appear before the concerned Trial Commission for conducting admission hearing.  As such the Ld. Trial Commission has been pleased to hold that the complainant was not at all interested to proceed with the case and accordingly U/S-36(2) of the C.P. Act, 2019  the case has been dismissed for default.

Upon careful observation and views of the concerned Trial Commission,  we think that  one last and special chance should be given to the complainant for conducting admission hearing on the ground that the Consumer Protection Act has been exclusively enacted  for the benefit of the consumer. So,  the instant appeal  should not be thrown out  at this stage.  

Keeping in view of the above observation, we allow the appeal at the admission stage on condition that the complainant/his representative/his Ld. Advocate  must appear on each and every date before the concerned Ld. Trial Commission, otherwise, the instant consumer case shall be automatically dismissed for default. Accordingly, pursuant to the above observation, we set aside the order impugned being No. 4 dated 13.06.2023 passed by the Ld. Trial Commission. 

The matter is remanded back to the concerned Trial Commission with a direction to restore the same in its original file and number and the concerned Ld. Trial Commission is also directed to fix a date for admission hearing.

The Complainant/Appellant is directed to appear on 31.08.2023 before the  concerned Ld.  District Commission for receiving further direction.

Appeal stands disposed of accordingly.

Let a copy of this order be transmitted to the Ld. Trial Commission for compliance  and for necessary action.

Note in the Register.