Sri Shyamal Gupta, Member

This Appeal is directed against the order dated 26.07.2013 of the Ld. DCDRC, North 24 Parganas passed in CC/179/2013 by the OP/Appellant.

The fact of the Complaint is that Complainant alleged certain deficiency on the part of Appellants with regard to certain three years full time under graduate programme. On hearing the Complainant, Ld. DCDRC passed the ex parte order allowing Complaint petition.

Being aggrieved with the said order dated 26.07.2013 OP/Appellant filed the instant Appeal. Ld. Advocate of the Appellant submits that the Appellant herein had not received the copy of the notice and as such could not contest the Complaint Case. As the notice was never received by the Appellant the entire matter went unrepresented and only after receiving the copy of the Execution case, that it came to know about the filing of the complaint which is absolutely baseless and devoid of any material substances.

Peculiar enough, Complainant/Respondent did not turn up here.

Considering the entire panorama and without delving into the matter on merit the case is remanded back to Ld. DCDRC so that OP can get the opportunity to adduce W.V and evidence on their behalf.

Hence,

Ordered

That the Appeal be and same is allowed in part. Ld. DCDRC is advised to rehear the matter afresh after giving opportunity to OP/Appellant to adduce W.V and evidence.