1.       This revision petition has been filed under Section 58 (1) (b) of the Act 2019 in challenge to the Order dated 16.03.2023 in Appeal No. 236 of 2022 of the State Commission West Bengal arising out of Order dated 21.06.2022 of the District Commission in Complaint no.185 of 2018.

2.       The notice in the present petition is still to be issued to the respondents. However, considering the nature of the impugned order and its narrow canvas which does not involve any complicated questions of law or fact, being a simple matter of dismissal in non-prosecution for the reason of non-appearance of the petitioner, the Bench deems it just and appropriate to decide the matter on the basis of the record after hearing the counsel for the petitioner and not to delay it any further.

3.       Heard the learned counsel appearing for the petitioner and have perused the record including inter alia the Order dated 21.06.2022 of the District Commission, the impugned Order dated 16.03.2023 of the State Commission and the memo. of petition.

4.       For appreciation of the facts the impugned Order dated 16.03.2023 may be quoted hereinbelow:

Dated: 16 March 2023

Order No. 04

Appellant is found absent on repeated call.

Ld. Counsel appearing for the Respondent Nos. 1 and 2 is present.

Today is fixed for filing reply to show cause by the Appellant.

Appellant takes no steps today.

The performance of the Appellant inspires us to hold that the Appellant is not at all willing to proceed further with the present Appeal.

Hence,

                                                O R D E R E D 

That the present Appeal being No. A/236/2022 be and the same is dismissed for default but without any order as to costs.

Thus, the present Appeal stands disposed of.

Note accordingly.  

5.       As is obvious from the impugned Order that the matter was dismissed for non-prosecution.

6.       Learned counsel for the petitioner tried to elaborate upon the merits of the case as well as upon the circumstances which prevented the petitioner  and his counsel from appearing in the State Commission.  It has been contended that if opportunity be provided to pursue the appeal on merits and of being heard there are fair prospects of this appeal being allowed by the State Commission or else the petitioner shall be left remediless and its cause shall suffer irreparably. 

7.       The Bench at this stage does not propose to delve into or touch upon the merits of the case but considering the nature of the dispute and the overall facts and circumstances in their totality, it is felt just and conscionable that reasonable and sufficient opportunity be further provided to the petitioner for adjudication of its appeal on merits as denying the same will leave it remediless. 

8.       As such, in the interest of justice, without making any observations on merits of the case  the Order dated 16.03.2023 of the State Commission is set aside and the appeal is restored to its original number before the State Commission. The petitioner is sternly advised to conduct its case in right earnest before the State Commission

9.       The matter is remanded back to the State Commission with the direction to decide the matter on its merits in accordance with law after providing adequate opportunity to both the parties subject to payment of costs of Rs. 25,000/- by the petitioner / opposite party to the respondent no. 1 / complainant. The parties are directed to appear before the State Commission on 03.10.2023.

10.     The principal onus of informing the respondents of this instant Order shall be of the petitioner. It shall do so within two weeks from today, without fail, and file proof thereof before the State Commission on or before the next date of hearing before it.  

However, if for whatever reason, the respondents do not appear before the State Commission on the date of hearing, the State Commission shall issue notice for requiring their presence in order to proceed in accordance with law in the matter, as directed by this Commission. The State Commission in such a situation may also require the petitioner to take adequate steps in order to facilitate service on the respondents.

          In case the respondent(s) has / have objections to the instant Order, they may file appropriate application before the State Commission, submitting that they will raise their objection before this Commission (National Commission). In such contingency, the State Commission shall not proceed further with the appeal for a period of three months. In the said period of three months, the respondent(s) may file appropriate application before this Commission to raise their objections.

          If the respondent(s) move appropriate application in this Commission within the aforesaid period of three months, or before, further proceedings of the State Commission shall be subject to the orders that may be passed by this Commission on such application. If the respondent(s) do not approach this Commission in the period of aforesaid three months (or before), the State Commission shall further proceed in the matter in accordance with law.

11.     The Registry is requested to send a copy each of this Order to all parties in the petition and to their learned counsel. The stenographer is requested to upload this Order on the website of this Commission immediately.