DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

North 24 Pgs., BARASAT

C.C. No./201/2023

PRESENT                            :- Shri Daman Prosad Biswas……..President.

:- Shri Abhijit Basu…………Member.

Order No.:07

Dated:- 19.01.2024

Today is fixed for evidence and hearing of M.A. case no. 185/2023. Ld. Advocate for the Complainant is present. Ld. Advocate for the O.P no. 3 is present.

Petition dated 21/11/2023 filed by the O.P No. 3 which registered as M.A. case no. 185/2023 is taken up for hearing. Heard both sides. Perused record. Also perused the order dated 10/10/2023.

During hearing Ld. Advocate for the O.P No. 3 argued before this Commission that he filed W/V on 13/09/2023 and he got the notice on 31/07/2023. He filed the W/V on 44^th day from the date of receipt of the notice. He filed W/V within the statutory period but case is running ex-parte against the O.P No. 3 as per order dated 10/10/2023. He cited decision of Hon’ble S.C.D.R.C, Punjab-Chandigarh (First Appeal No. 366/2021 dated 21/10/2021)and decision of Hon’ble Supreme Court reported in (2008) 8 SCC 612.

On perusal of order dated 10/10/2023 we find that O.P No. 3 got notice on 31/07/2023 and on perusal of order no. 04 dated 13/09/2023 we find O.P No. 3 filed the W/V on 13/09/2023. Accordingly we find that O.P No. 3 filed the W/V on 45^th day from the date of receipt of the notice. Perused the aforesaid decisions.

We find that power has been entrusted to the District Commission to consider the matter where the error apparent was found.

Considering the entire matter we think that arithmetical error has done during calculation of date which we think can be treated as error apparent. Accordingly we think that it is a fit case for invoking the power of this Commission U/s 40 of C.P. Act, 2019.

In view of aforesaid discussion petition filed by O.P No. 3 is considered and allowed.

The W/V filed by O.P No. 3 is accepted. Order No. 5 dated 10/10/2023 is modified to that effect.

In view of order no. 5 dated 10/10/2023 case shall run ex-parte only against O.P No. 1 and 2 and O.P No. 5 and O.P No.6.

To 14/03/2024 for evidence.

Member                                                      President