West Bengal

StateCommission

A/147/2020

The Bhawanipur Education Society College - Complainant(s)

Versus

Aniruddha Nath - Opp.Party(s)

Ms. Sharmistha Dhar

18 Jul 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
First Appeal No. A/147/2020
( Date of Filing : 02 Mar 2020 )
(Arisen out of Order Dated 16/09/2019 in Case No. Complaint Case No. CC/192/2019 of District Kolkata-II(Central))
 
1. The Bhawanipur Education Society College
Represented by Dr. Sandip Kumar Dan. 5, Lala Lajpat Rai Sarani. Kolkata- 700 020. P.S.- Bhawanipore.
...........Appellant(s)
Versus
1. Aniruddha Nath
S/o, Sri Apurba Nath. Flat No. 1-2, Block-B, 2nd Floor, 6B, Kalicharan Ghosh Road. Kolkata- 700 050.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. AJEYA MATILAL PRESIDING MEMBER
 HON'BLE MRS. SOMA BHATTACHARJEE MEMBER
 
PRESENT:Ms. Sharmistha Dhar, Advocate for the Appellant 1
 Barun Prasad, Sovan Lal Bera, Advocate for the Respondent 1
Dated : 18 Jul 2024
Final Order / Judgement

Hon’ble Mr. Ajeya Matilal, Presiding Member

          Ld. Advocates for both parties are present.

          Heard the submission of both sides.

          Considered.

          Being aggrieved by and dissatisfied with final order dt. 16.09.2019 passed by Ld. DCDRC Kolkata, Unit II in CC/192/2019 allowing the case ex parte against the OP with litigation costs of Rs. 5000/-, appellant / OP preferred this appeal.

          Ld. Advocate for the appellant submits that they could not take proper steps for contesting the complaint case because of some technical problems.

          The Ld. Advocate for the respondent raised objection.

          Considering the facts and circumstances, we are of the view that the instant appeal should be allowed for proper adjudication of the disputes between the parties subject to payment of cost.

          Hence it is ordered

          A/147/2020 is allowed on contest on payment of cost of Rs. 2000/- payable to the respondent. Parties are directed to appear before the Ld. Forum below on 07.08.2024. On that day, the appellant / OP shall file W.V.

          After giving opportunity to both parties of adducing evidence including examination in chief, cross examination etc, the Forum below is requested to dispose of the case within 3 months from the date of appearance. Order of stay, if there is any, in connection with this appeal stands vacated. Let a copy of this order be sent to the Ld. Forum below.

          Joint Registrar of this Commission is directed to do the needful in this regard.

 
 
[HON'BLE MR. AJEYA MATILAL]
PRESIDING MEMBER
 
 
[HON'BLE MRS. SOMA BHATTACHARJEE]
MEMBER
 

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