West Bengal

StateCommission

RC/09/35

M/s Neer Associates. - Complainant(s)

Versus

Atish Sankar Dey. - Opp.Party(s)

Koyeli Mukhopadhyay.

15 Sep 2009

ORDER


STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGALBHAWANI BHAWAN (Gr. Floor), 31 Belvedere Road. Kolkata -700027
REVISION PETITION NO. 09 of 35
1. M/s Neer Associates.A partnership firm, D-127, Ramgarh, Kolkata- 47, PS. Jadavpur.West Bengal2. Nabarun Banerjee.D-127, Ramgarh, PS. Jadavpur. Kolkata- 47.West Bengal3. Sourav Bose.Avijan Apartment, B-108, New Rajpur Road. Kolkata- 700084.West Bengal4. Debasis Dhar.E-158/1, Ramgarh, Kolkata-700047West Bengal5. Avijit Ghosh.D-127, Ramgarh, Kolkata- 47, PS. Jadavpur.West Bengal ...........Appellant(s)

Vs.
1. Atish Sankar Dey. D- 70 Ramgarh, Kolkata-700047. PS. Jadavpur.West Bengal2. Narayan tarafder.D-70 Ramgarh, Kolkata-700047, PS. Jadavpur.West Bengal ...........Respondent(s)


For the Appellant :Koyeli Mukhopadhyay., Advocate for
For the Respondent :

Dated : 15 Sep 2009
ORDER

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No. 6/15.09.2009.

 

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

 

Revision Petitioner through Mrs. Koyeli Mukhopadhyay, the Ld. Advocate and O.P. through Mr. Bijoy Sahu, the Ld. Advocate are present.  Heard the Ld. Advocate for both sides.  We have considered the impugned order whereby the application for local inspection was rejected.  During pendency of this revision petition in terms of the order of this Commission local inspection has been held and the report dated 14.09.2009 of Chartered Engineer has been submitted. As the matter is pending before the District Forum we are of the opinion that without intervening in the revision petition further the matter may be sent to the District Forum along with the report filed for the said local inspection and the matter may be decided by the District Forum in accordance with law taking into the consideration of the said report.  In above view of the facts the impugned order does not stand any further as local inspection has been done and the report is being considered.  Revision Petition is, therefore, allowed as indicated hereinabove.

 


MR. A K RAY, MemberHON'BLE JUSTICE ALOKE CHAKRABARTI, PRESIDENTMRS. SILPI MAJUMDER, Member