West Bengal

Howrah

MA/8/2024

SUKUMAR MAITY, - Complainant(s)

Versus

1 a) Suparna Chakraborty, - Opp.Party(s)

Apurba Dey, Arijit Bhowmick, Amales Maji

06 Aug 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION HOWRAH
20, Round Tank Lane, P.O. and P.S. Howrah, Dist. Howrah-711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Miscellaneous Application No. MA/8/2024
( Date of Filing : 19 Jan 2024 )
In
Complaint Case No. CC/16/19
 
1. SUKUMAR MAITY,
S/O late Bibhuti Bhusan Maity, Kedar Bhattacharjee Lane, P.O. Santragachi, Distr Howrah 711 104
...........Appellant(s)
Versus
1. 1 a) Suparna Chakraborty,
Daughter of late Susanta Chakraborty, Ramcharan Sett Road, Ramrajatala, P.O. and P.S. Santragachi Howrah 711 104
2. 1 b) Smt. Ruma Chakraborty,
Wife of Sri Kajal Ray, Ramcharan Sett Road, Ramrajatala, P.O. and P.S. Santragachi Howrah 711 104
3. Bijan Kumar Chakraborty,
S/O late Kalipada Chakraborty, Ambika Kundu Bye Lane, P.S. Jagacha Howrah 711 104
4. Barun Kanti Chakraborty,
S/O late Gouripada Chakraborty, Ambika Kundu Bye Lane, P.S. Jagacha, Howrah 711 104
5. Nishikanta Das,
S/O late Dhirendra Nath Das, 35/2/1, Bhattacharjee Para Lane, P.S. Shibpur Howrah 711 104
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Dhiraj Kumar Dey MEMBER
 HON'BLE MRS. Minakshi Chakraborty MEMBER
 
PRESENT:
 
Dated : 06 Aug 2024
Final Order / Judgement

Order No:  4                                                                                        Date:06/08/2024

Today is fixed for hearing of this M.A. case positively failing which necessary order as per law is to be passed. Ld. Advocates of both sides are found present and ready. Heard argument of both sides. Considered submission. Perused the M.A. application and/or amendment petition. This prayer has been contested by O.p. by filing W/O.

Perused the amendment petition and its W/O.

The complainant intends to amend the complaint petition on the pretext of incorporating the subsequent event. But fact remains that the C.C. case No.19/2016 from which this M.A. case has cropped up is pending for a long time and if the prayer for amendment of the complainant side is allowed there would be inordinate delay in the matter for starting trial of the above noted C.C. case No.19/2016. Moreover, if the prayer for amendment is allowed, the nature and character of this case is to be changed. In this case the complainant side has referred two case laws 1. 2006(4) SCC 385 and 2. 2012 (11) SCC 341 after most respectfully reading of the case laws this District Commission finds that these are related with the Civil cases which are pending before the Ld. Civil Court but these case laws are not applicable in this complaint case where summary trial is applicable.

Considering all the above noted factors the prayer for amendment which is highlighted in the M.A. case No.8/2024 is rejected on contest.

Thus, this M.A. case is disposed of.

Dictated & corrected by me.

 

President

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MR. Dhiraj Kumar Dey]
MEMBER
 
 
[HON'BLE MRS. Minakshi Chakraborty]
MEMBER
 

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