KUNDAN KUMAR KUMAI

This is an application for revision against the order dated 21/03/2023 passed by the Ld. DCDRC, Alipurduar, in CC/04/2022.

Brief fact of the revision case is that, the OP No.1/Complainant, had filed a consumer case, against the Revisionist and Respondent/OP No.2 and Proforma OP No.3, with necessary prayers. The consumer case had been admitted by order dated 31/01/2022 and the Revisionist had appeared and challenged the maintainability of the case, which had been disposed of, by the impugned order, when the same had been rejected.

Being aggrieved by the impugned order the Revisionist, preferred the instant revision on the ground that the Ld. DCDRC, Alipurduar, had erred in law and facts by passing the impugned order.

                                                                     Decisions with Reasons

Ld. Advocate for the Revisionist at the time of final hearing, had submitted that the Respondent No.1/Complainant was not a consumer as per the section 2(42) of the Consumer Protection Act, 2019, as the Respondent No.1/Complainant had been rendered free of charge service, for which reason the impugned order passed by the Ld. DCDRC, Alipurduar, contradicting the above was erroneous and vague.

Since, none appeared on behalf of the Respondents, the matter was heard ex-parte.

On perusal of the materials on record as well as the impugned order, it transpires that the dispute was that the Revisionist claimed that the Respondent No.1/Complainant did not pay any charges, whereas the Respondent No.1/Complained, claimed that he had paid Rs.1650/- (Rupees one thousand six hundred fifty) only as charges. Ld. DCDRC, Alipurduar, while deciding the above dispute vide the impugned order had decided against the claim made by the Revisionist. That apart it is premature to decide on such contentious facts when the trial has not even been started, especially when the evidence would need to be tested by cross-examination. Under the circumstance, there is nothing to suggest that there was any gross illegality or irregularity made by the Ld. DCDRC, Alipurduar, while passing the impugned order. Moreover, even though the Revisionist had been barred from filing any written version by the impugned order, the Revisionist had the power to cross-examine the Respondent No.1/Complainant to elicit the truth and thereby establish his case. Hence the instant revision fails.

                                                It is therefore,

                                                ORDERED

That the instant revision be and the same is dismissed ex-parte, but without cost.

The impugned order is hereby upheld.

Copy of the order be sent to the parties free of cost.

Copy of the order be sent to the Ld. DCDRC, Alipurduar for necessary action.