Failure to diligently pursue rights in consumer proceedings led to dismissal of revision petition.

ORDER

Heard Mr. P.P. Borthakur, learned counsel, appearing for the revision petitioner. Also heard Dr. P. Agarwal, learned counsel, for the opposite party No.1.

The present petitioner has filed this revision petition against the order dated

06-03-2025 passed by the learned District Consumer Disputes Redressal Commission, Kamrup at Guwahati in C.C. No. 27/2019. In the complaint case the present petitioners are impleaded as opposite party Nos. 3 and 4 along with other opposite party impleaded as opposite party Nos. 1 and 2 in the present revision petition. Notices in the complaint case were duly served on all the opposite parties including the present revision petitioner. The present revision petitioners as opposite party Nos. 3 and 4 filed joint written statement on 4- 3-2020. The next date was fixed on 15-10-2020 before the learned Commission below. As per record since 15-10-2020 till 6-6-2024 the opposite party Nos. 3 and 4 (the revision petitioners) remained absent. On 27-6-2024 one official from the revision petitioner No. 1 Mr. Raktim Bharatdaz entered appearance and filed an application seeking leave to file written argument as the proceeding before the learned Commission below was fixed for filing written argument by the opposite party on 27-06-2024. Vide order dated 27-06-2024 leave was granted to said Mr. Raktim Bharatdaz, the official of the revision petitioner No.1, to file written argument on the next date fixed on 30-07-2024. On the next date one Mr. Kamal Barman, advocate, on behalf the revision petitioners filed vakalatnama but without filing the written argument and filed an application for adjournment which was allowed by the learned Commission below fixing 3-9-2024 for filing written argument. On that day the counsel for the revision petitioners Mr. Kamal Barman filed petition No.1633/2024 with a prayer for recalling the witness CW 1 and CW 2 of the complainant side. It will be pertinent to mention here that on 3-9-2024 the opposite party No. 1 in this revision petition through his counsel vide petition No. 1632/2024 seeking for closing the stage for filing written argument by the present revision petitioners. However, the Commission below fixed 29-10- 2024 for filing written objection by the present opposite party No. 1 against the petition No. 1633/2024 and also for filing written objection by the present revision petitioners against petition No. 1632/2024. On 29-10-2024 the counsel for the opposite party/revision petitioners remained absent and the learned Commission below fixed 28-11-2024 for filing written objection against petition No. 1632/2024. On the other hand the opposite party No. 1 as the complainant filed written objection against petition No. 1633/2024 on 29-10-2024. On 28-11-2024 again the counsel for the revision petitioners remained absent whereafter the learned Commission below fixed 9-1-2024 for written objection against petition No. 1632/2024. On 9-1-2024 again the counsel for the revision petitioner remained absent and the counsel for the present opposite party No. 1 filed petition No. 3422/25 thereby praying before the learned Commission below to dispose of the petition No. 1633/2024 filed by the revision petitioners. In the said petition it was pleaded that the revision petitioner after filing written statement did not file the written argument but filed petition No. 1633/2024 whereby by the petitioners prayed for recalling the two witnesses of the complainant side for cross- examination by the counsel for the revision petitioner. The learned Commission below fixed 6-3-2025 for necessary order on the petition No. 1632/24 and 3422/25. On 6-3-2025 the impugned order was passed thereby dismissing the petition No. 1633/24 and last chance was granted to the revision petitioners to file written argument fixing 9-4-2025.

Being aggrieved by the said order dated 6-3-2025 the revision petitioner has filed this revision petition challenging the order impugned.

Mr. Borthakur argued that on perusal of t