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Judgment
Taken up through video conferencing.
This revision petition has been filed under Section 21(b) of The Consumer Protection Act, 1986 (corresponding Section 58(1)(b) of the Act 2019) in challenge to the Order dated 13.09.2019 passed in first appeal no. A/309/2018 by the State Consumer Disputes Redressal Commission, West Bengal.
Heard the learned counsel.
Perused the material on record, including the impugned Order dated 13.09.2019 of the State Commission and the petition.
The petition has been filed with reported delay of 232 days.
In the interest of justice, to provide fair opportunity to the petitioner complainant, as also considering the COVID-19 situation, the delay in filing the appeal is condoned.
Vide its Order of 13.09.2019 the State Commission has dismissed the appeal for non-prosecution.
The Order dated 13.09.2019 reads as below:
None appears on behalf of the appellant. Ld. Advocate for the Respondent No. 3 is present. In view of the earlier observation, the Appeal is dismissed for non-prosecution.
It is evident that due to non-serious attitude of the complainant in pursuing his appeal and for not being present on 13.09.2019 before the State Commission, the appeal has been dismissed for non-prosecution.
Learned counsel has submitted that there are fair prospects and chances of success in the appeal if an opportunity is provided to argue the same on merits. The appeal has not been dismissed on merit but because of default on the part of the learned counsel, who appears not to have been dutifully appearing in time before the State Commission. The submission is that if an adequate opportunity is not provided to the complainant to pursue the matter on merit, he would suffer irreparable loss.
We have considered the matter and do not wish to express any opinion about the merits of the case, but c onsidering the nature of the dispute, the overall facts and circumstances in their totality and also keeping in perspective the first principles of natural justice we find it conscionable that a reasonable opportunity may further be provided to the complainant to pursue his matter on merits in the forum of appellate jurisdiction.
As such, in the interest of justice, the Order dated 13.09.2019 of the State Commission is set aside and the appeal is restored to its original number before the State Commission. The complainant is sternly advised to conduct his case professionally before the State Commission.
The parties shall appear before the State Commission on 29.11.2021. The State Commission is requested to adjudicate the appeal on merit as per the law.
The principal onus of informing the respondents - opposite parties of this instant Order shall be of the petitioner- complainant. He 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 (29.11.2021).
However, if for whatever reason, the respondents - opposite parties do not appear before the State Commission on 29.11.2021, 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.
In case the respondents - opposite parties have objection to the appeal being restored, 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 respondents - opposite parties may file appropriate application before this Commission to raise their objection.
If the opposite parties 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 opposite parties 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.
The complainant shall be better advised to ensure that he pursues his appeal in the right earnest, be enough vigilant and diligent so that he may not be found re miss in future.
The Registry is requested to send a copy each of this Order to all parties in this petition as well as to the State Commission within three days. The stenographer is requested to upload this Order on the website of this Commission immediately.