West Bengal

Hooghly

RA/1/2024

GAUTAM DUTTA - Complainant(s)

Versus

ANJAN KR. GHOSH - Opp.Party(s)

AMAR KRISHNA SAHA

03 Apr 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, HOOGHLY
CC OF 2021
PETITIONER
VERS
OPPOSITE PARTY
 
Review Application No. RA/1/2024
( Date of Filing : 08 Jan 2024 )
In
Complaint Case No. CC/62/2021
 
1. GAUTAM DUTTA
29, RAJENDRA MAIN ROAD, KASBA, 700107
KOLKATA
West Bengal
...........Appellant(s)
Versus
1. ANJAN KR. GHOSH
BUROSANTI, PO & PS- SINGUR,PIN-712409
Hooghly
West Bengal
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Debasis Bhattacharya MEMBER
 
PRESENT:
 
Dated : 03 Apr 2024
Final Order / Judgement

Today is fixed for hearing of this R/A case, written objection if any in the meantime.

The OP has filed written objection.  Copy served.  Let it be kept with the record.

Heard argument of both sides.  Considered submission.

Perused the R/A application which has been filed by the OP of CC-62/21 for making review of the judgment passed in the above noted complaint case.

Examined the written objection.

After going through the material of this case record it is revealed that judgment of CC-62/21 has been passed on 11.9.2023 but this review application has been filed on 8.1.2024 which is after a long delay.  In this regard, it is important to note that the applicant side of this R/A case has filed an application under section 5 of the Limitation Act, instead of filing the same under section 69 of the Consumer Protection Act.  Particularly when there is a specific provision in the Consumer Protection Act over the issue of limitation.  Moreover, on close examination of the petition filed by applicant for condonation of delay, it is found that day to day delay has not been explained.  Moreso in support of the condonation of delay, no document has been filed.  Under this position the prayer for condonation of delay in the matter of filing this R/A case cannot be allowed.

Thus it is crystal clear that this R/A-1/2024 is barred by limitation.

As the R/A-1/24 is barred by limitation and as there is no error apparent on the case of the judgment passed in CC-62/2021, this R/A application is dismissed on contest.

No order is passed as to cost.

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MR. Debasis Bhattacharya]
MEMBER
 

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