Hon,ble Mrs. Dipa Sen (Maity), Presiding Member

Ld. Counsel appearing for the Revisionists/Petitioners is present.

None appears on behalf of the Respondents.

In pursuant to the previous order today is fixed for delivery of Judgment. 

This instant revision petition has been filed by the Revisionists against order No.7 dated 12-05-2017 before the Ld. DCDRF Howrah in connection with complaint case No. CC/266/2016 whereby Ld. DCDRC was pleased to pass the following order:-

“Parties are present.  There is no need to file questionnaires as documents would suffice.

To 04-07-2017 for argument O.Ps to file BNA by 15 days from this date with copy to petitioner.” 

Being aggrieved and dissatisfied with above order of the Ld. Forum below the present Revisionists/Petitioners/O.P No.1, O.P No.3 Bajaj Capital Ltd have preferred this revision petition before this Commission.   By virtue of this Revision Petition, O.P Bajaj Capital Ltd have prayed for setting aside the impugned order passed in CC case No.266 /2016 dated 12-05-2016 before the Ld. Forum below with the direction to fix the date for argument after completion of evidence by the parties.

That on maturity of the fixed deposit the Respondent No.1/ Complainant Smt. Urmila Devi Jain claimed refund of maturity amount of Rs.50,000/- from Respondent No.2 M/s. Plethico Pharmaceuticals Ltd and as the dispute arose regarding refund of the maturity amount that Complainant/Respondent No.1 Smt. Urmila Devi Jain has  initiated complaint case being No. CC/266/2016 before the Ld. DCDRF, Howrah claiming refund along with other reliefs.  The present Revisionists on receiving the said notice appeared before the Forum below to contest the case and filed W/V.  The Complainant/Respondent No.1 has filed evidence on affidavit before the Ld. DCDRF on 14-02-2017.  On that date the Revisionists/Petitioners, Bajaj Capital Ltd were present and they intended to cross examine by way of filing questionnaire.  But the Ld. Forum below fixed the complaint case on 20-03-2017 for filing BNA and on prayer of present Revisionists Ld. Forum below ordered as following:-

 “fixed the case on 12-05-2017 for BNA and hearing reply if any to be filed by the Complainant alongwith questionnaire of O.P”.

That on 12-05-2017 the present Revisionists were ready to file their questionnaire in terms of the earlier order dated 20-03-2017.  But as and when on 12-05-2017 the matter was called and the Revisionist Petitioner tried to tender their questionnaires, the Ld. Forum below passed the impugned order No.7 dated 12-05-2017 with an observation that, “Parties are present, there is no need to file questionnaires as documents would suffice.

To 04-07-2017 for argument O.Ps to file BNA by 15 days from this date with copy to petitioner”. 

As such the present Revisionists/Petitioners were not able to file their questionnaires and evidence. Ld. Counsel for the Revisionist/Petitioner submitted that they will suffer irreparable loss and injury if opportunity of filing questionnaire is not given to them and prayed for allowing the Revisionists/Petitioners to contest the complaint case on merit pending before the Ld. DCDRF after filing questionnaire. 

Having heard the Ld. Counsel appearing for the Complainant we are of the concrete view that the present revision petition filed by the Revisionists/Petitioners should be allowed for effective adjudication of the complaint case.  Opportunity of filing questionnaires should be given to the Revisionists/Petitioners for interest of justice and for proper adjudication of the complaint petition.

The impugned order of the Ld. Commission below requires to be interfered with.

In view of the above all discussions the impugned order passed by the Ld. DCDRF, Howrah dated 20-03-2017 be hereby set aside.

Ld. Commission DCDRF, Howrah is directed to give an opportunity to the Revisionists/O.Ps for filing their questionnaires.

The case is remitted on remand with the direction upon the parties to appear before the Ld. DCDRF, Howrah within 15 days from the communication of the order for receiving further order in accordance with law.

Both parties are directed to appear before the Ld. Forum below within 15 days

Accordingly, the Revision Petition being 153/2017 is hereby allowed and disposed of.

Note accordingly.

Let a copy of this order be transmitted to the Ld. DCDRC below forthwith for information and taking necessary action.