Tribunals and CommissionsDivision Bench(2024) 03 NCDRC CK 0040

Shubhra Sil & 5 Ors vs Swapan Kumar Ray & 2 Ors

National Consumer Disputes Redressal Commission · Decided on 1 March 2024

HON’BLE JUDGES
Subhash Chandra, Presiding Member · Dr. Sadhna Shanker, Member
RESULT
Allowed
CASE NUMBER
First Appeal No. 182 Of 2022

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Judgment

6 paragraphs · 184 words

None present for the Respondents.  It is seen that none has been appearing for the Respondents since 10.11.2022.

The short issue in this Appeal is that the opportunity to Opposite Party Nos.1 to 6, Appellants herein, was closed vide impugned order dated 25.11.2021 for non-appearance.

Learned Counsel for the Appellants submits that in view of the fact that this is the period of the COVID 2019 Pandemic and the subsequent order of the Hon’ble Supreme Court in Suo Moto Writ Petition (Civil) No.3 of 2020 in Re : Cognizance for Extension of Limitation, excluding the period from 15.03.2020 to 28.02.2022 in calculating the periods towards limitation under various Acts, absence of the learned Counsel before the State Commission should not have been held against them by declaring them ex parte.

We find merits in the submission of the Learned Counsel for the Appellant.  The Appeal is, therefore, allowed and the impugned order is set aside.

The State Commission is directed to provide an opportunity to the Appellants to file their reply and argue the matter.

Parties to appear before the State Commission on 05.04.2024.