DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
M. A. NO-224/2019
Arising out of C.C. No- 626/2017
Date of Filing: Date of Disposal:
24.04.2019 24.04.2019
Complainant:- 1. Sri Nirmal Kundu
2. Sri Mritunjoy Kundu
Both are Son of Late Satish Chandra Kundu,
Both are residing at
122/3, Raja Dinandra Street,
P.S- Burtolla, Kol- 700004, West Bengal
=Vs=
Op 2posite Party/s:- 1. Baroma Constructio, [DevelOp 2ers]
A Partnership Firm
Having its Office at
Dashadrone (School Math),
P.O- Rajarhat GOp 2alpur,
P.S- Baguiati, Kol- 700136,
Dist- North 24 Pgs, West Bengal
Represented by its Partners
2. Sri Ashok Naha
Son of Late Biswanath Naha,
Aged about years,
3. Sri Rana Naha
Son of Ashok Naha
2 and 3 both are residing at
Dashadrone (School Math),
P.O- Rajarhat GOp 2alpur,
P.S- Baguiati, Kol- 700136,
Dist- North 24 Pgs, West Bengal
4. Sri Ashis Chakraborty
Son of Sri Ananta Chakraborty
Residing at Annapurna Apartment,
Flat no- 3A, 3rd Floor, RC- 27,
Raghunathpur, P.S- Baguiati,
Kol- 700059, Dist- North 24 Pgs
West Bengal
5. Sri Suvashis Kundu
Son of Late Murari Mohon Kundu
Residing at 26, Nagendra Nath Road,
Ananda Vihar Complex, Phase I,
Block IV, Flat no 2B, P.S- Dum Dum
Kol- 700028, Dist- North 24 Pgs,
West Bengal
Cont……………….2
:2:
M. A. NO-224/2019
Arising out of C.C. No- 626/2017
6. Sri Goutam Pal,
Son of Late Asim Kumar Pal
Residing at 16/3, Kaikhali Main Road,
P.S- Airport, Op 2p “Santi Apartment”
Kol- 700052, Dist- North 24 Pgs
West Bengal.
PRESENT :- Sri. Lakshmi Kanta Das……………………..…..President.
:- Smt. Silpi Majumder ……………………………Member.
:- Smt. Monisha Shaw ……………………….….….Member.
Order No- 06
This order is arising out of the MA being no-224/2019 in the CC no-626/2017 filed by the Complainant praying for substitution of the name of the Op 2, since deceased, from the cause title of the complaint by her legal heir.
In the application it is stated by the Complainant that during pendency of this complaint the Op 2 has expired and for this reason the name of the Legal Heir of the deceased Op 2 is required to be substituted, otherwise the complaint cannot be adjudicated upon in a proper manner. It is stated by the complainant that the Op 2 has expired leaving behind his wife, one son and one daughter as his legal heirs. Therefore the names of the wife, son and daughter of the deceased Op 2 are necessary to be substituted in the cause title of the complaint. According to the complainant if this application is not allowed she will suffer irreparable loss and injury and accordingly prayer is made by the complainant for allowing this application.
We have heard on the present application from the Ld. Counsel for the complainant. According to us that admittedly the names of the Legal Heirs of the deceased Op 2 as disclosed by the complainant is required to be substituted in the cause title of the complaint as Op 2(i), 2(ii) and 2(iii), otherwise we will not be in a position to try with the instant complaint in a proper manner. Therefore we are of the opinion that the prayer as sought for by the complainant should be allowed.
Cont……………….3
:3:
M. A. NO-224/2019
Arising out of C.C. No- 626/2017
Hence it is ordered that the MA being no- 224/2019 is hereby allowed without any cost.
Fix 08.08.2019 for filing amended complaint by the complainant showing substitution of the name of the present Op 2 by her legal heir without any fail.
Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.
Member Member President
Dictated & Corrected by
