Sri Shyamal Gupta, Member

This Appeal is directed against the Order dated 20-03-2018, passed by the Ld. District Forum, Kolkata – I (North) in CC/77/2018, whereby the complaint case has been dismissed.

Having heard the parties and on perusal of the material on record, it appears that the Appellants filed the instant complaint case in order to ventilate their grievance over delayed running of the train and resultant harassment and financial loss being incurred by them.

On the face of it, there can be no manner of doubt that the allegation so raised contains every ingredients of a consumer dispute. 

No doubt, the Appellants needed to file a petition u/s 12(C) of the  Act seeking due permission of the Ld. District Forum to pursue the case jointly.  It may also be true that the Appellants did not file all the requisite documents to satisfy the requirement of the Ld. District Forum. 

However, taking into consideration the fact that this beneficial legislation has been enacted ostensibly for the purpose of protection of the interests of aggrieved bona fide consumers, we feel, the Ld. District Forum could take a lenient view and accord due opportunity to the Appellants to plug the loopholes being pointed out in the impugned order.  On some trifle grounds, if consumer complaints are straightway dismissed, it would cause great injustice to aggrieved consumers. 

Keeping in view the aforesaid facts, we allow this Appeal with a direction to the Appellants to file due requisites.  The impugned order is hereby set aside.  Appellants to appear before the Ld. District Forum on 24-07-2019.