MRS. SAMIKSHA BHATTACHARYA, MEMBER

The instant revisional application has been filed by OP No. 1 , Desun Hospital and Heart Institute questioning propriety of the order No. 15 dated 28.12.2018 passed by Ld. District Forum , Kolkata Unit II  in CC Case No. 29 of 2018 pending before the Forum concerned.

The Revisionist /OP No.1 has filed this application praying for setting aside the impugned order dated 28.12.2018  in complaint case No. CC/29/2018 along with prayer for stay order of all proceedings in the complaint case pending before the Ld. Forum concerned.

From the order impugned it appears that neither of the contesting OPs filed any e-chief nor filed any application for adjournment . Therefore, Ld. Forum has fixed the date of hearing of the argument on 15.01.2019. It was brought to our notice by the petitioner that by order No. 15 dated 28.12.2018. Ld. District Forum passed the following order:

“Order No. 15

28.12.2018:

Today is fixed for E-chief by the contesting OPs .

The Ld. Advocate for the Complainant is present. Neither the contesting OPs filed E-chief nor filed any application for extension of time to file E-chief. Therefore, we have no option but to fix a date for hearing of argument.

Fix 15.01.2019 for hearing of argument and exchange of BNA in the meantime.”

Ld. Counsel for the Petitioner submits before us that the OP No.1 and OP No. 2 filed questionnaire against the evidence of Complainant on 11.07.2018. The Complainant filed the reply to their questionnaire on 03.12.2018. On that day, i.e. on 03.12.2018 Ld. Forum fixed the date  28.12.2018 for  filing evidence in chief by the OPs. On 03.12.2018 Ld. Counsel for the Revisionist noted the next date on 28.01.2019 instead of 28.12.2018 due to inadvertence . Therefore, on 28.12.2018 neither OP No.1 nor OP No. 2 appeared before the Ld. Forum since the Ld. Counsel had the impression that the next date would be on 28.01.2019 which was wrongly noted in his diary. Ld. Forum did not give any opportunity to revisionist i.e. OP No.1 or other OPs to file E-chief  and fixed the date of argument on 15.01.2019 .

On 15.01.2019 both parties were absent and Ld. Forum adjourned the case and fixed the date of hearing on 14.02.2019. Ld. Counsel for the Revisionist submitted before us that due to wrong posting in his diary he was naturally absent on 15.01.2019.  But on that day, the Complainant was also absent. Due to absence on 28.12.2018 by the OPs, Ld. Forum did not give any further chance to the O.Ps to file e-chief and fixing the next date directly for argument. But on 15.01.2019 when the Complainant was absent the Forum has given the opportunity for argument fixing the next date on 14.02.2019. For the finality of litigation and to give  justice to both the parties we set aside the order no. 15 dated 28.12.2018 so that OPs can get  the opportunity to file their E-chief.

Therefore, we allow the revisional application setting aside the order No. 15 dated 28.12.2018 passed by Ld. DCDRF, and direct the Ld. Forum to open the stage of filing e-chief by the OPs and to proceed thereafter following the statutory procedure and to dispose of the complaint case according to law. 

With the observation and directions present Revisional Application is allowed and stands disposed of.

To 20.09.2019 for appearance of the parties before the Ld. District Forum, Kolkata Unit II.

Plain copy of the order be supplied to the parties.