West Bengal

Howrah

CC/34/2019

SRI NABA KUMAR BOSE, - Complainant(s)

Versus

1.(i) The Mahabir Construction - Opp.Party(s)

A. Dutta

24 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION HOWRAH
20, Round Tank Lane, Howrah 711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Complaint Case No. CC/34/2019
( Date of Filing : 01 Feb 2019 )
 
1. SRI NABA KUMAR BOSE,
S/O. Late Bhabatosh Bose, 30/23/1, Andul Road, P.O. Danesh Sekh Lane, P.S. A.J.C. Bose, B.Garden, Howrah 711109.
...........Complainant(s)
Versus
1. 1.(i) The Mahabir Construction
Represented by its partner Smt. Sinjane Chakraborty, 19/2, Baisnab Para Lane, P.O. and P.S. Shibpur, Howrah 711102.
2. 1.(ii) The Mahabir Construction
Represented by by its partner Sri Somnath Mitra, 19/2, Baisnab Para Lane, P.O. and P.S. Shibpur, Howrah 711102.
3. Smt. Sinjane Chakraborty
W/O. Sri Amit Kumar Chakraborty, 19/2, Baisnab Para Lane, P.O. and P.S. Shibpur, Howrah 711102.
4. Sri Somnath Mitra
S/O. Ghiro Ranjan Mitra, 29/1, Ramij Hazra Lane, P.O. and P.S. Shibpur, Howrah 711102.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sankar Kumar Ghosh PRESIDENT
 HON'BLE MRS. Smt. Babita Chaudhuri MEMBER
 
PRESENT:
 
Dated : 24 Mar 2023
Final Order / Judgement

Order No:    25                                                                            Date:24/03/2023

        Complainant is absent without any step. On repeated calls upto 1.05 p.m. none appears for the complainant. It reveals that since 24/07/2019 instant record is being posted for several dates as ex-parte hearing. Only facts remain that on 11/12/2019 complainant filed evidence on affidavit and on 08/12/2021 B.N.A. thereafter again case is being posted since 11/02/2020 for ex-parte hearing but since then complainant did not make any ex-parte argument and today as usual complainant is without any step already mentioned above.

       It is well settled principle of law that any kind of petition whatsoever that should be moved. But in the instant case treating this commission (formally forum) as post office on to different dates complainant filed evidence on affidavit and B.N.A. already mentioned above.

       The preamble of C.P. Act is always encouraging us to dispose of the case as an early date and this act is made for the benevolent for the consumer, but if complainant is enjoying his sleeping deeply just like “KumbhoKarna” this commission will not invite complainant for his maiden appearance before this commission and to make ex-parte argument. Rather this commission feels that necessary order will be passed in strong hand to deal with such situation and thus, the instant case is dismissed for non-prosecution. 

Dictated & corrected by me.       

 

President  

 
 
[HON'BLE MR. Sankar Kumar Ghosh]
PRESIDENT
 
 
[HON'BLE MRS. Smt. Babita Chaudhuri]
MEMBER
 

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