West Bengal

Hooghly

MA/11/2023

TAMAL TARU SARKAR - Complainant(s)

Versus

BHARTI AIRTEL LTD - Opp.Party(s)

M. CHAKRABORTY

25 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, HOOGHLY
CC OF 2021
PETITIONER
VERS
OPPOSITE PARTY
 
Miscellaneous Application No. MA/11/2023
( Date of Filing : 08 Feb 2023 )
In
Complaint Case No. CC/73/2021
 
1. TAMAL TARU SARKAR
A/2, KOYEL APARTMENT, 2ND FLOOR, FATAKGORA, CHANDANNAGAR, HOOGHLY-712136
HOOGHLY
WEST BENGAL
...........Appellant(s)
Versus
1. BHARTI AIRTEL LTD
BHARTI CRESCENT, 1 NELSON MANDELA RD., VASANT KUNJ, PHASE-II, NEW DELHI-110070
NEW DELHI
new delhi
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Debasis Bhattacharya MEMBER
 
PRESENT:
 
Dated : 25 Aug 2023
Final Order / Judgement

This case record is taken up for consideration in the matter of passing order in this M.A case which has been arisen in view of the application filed by OP-2 to 4 from C.C-73/2021.

This matter has been contested by the complainant who is the OP of this MA case.  No written objection has been filed by the complainant who is the OP of this MA case.

Heard the argument of both sides.  Considered submission.

Perused the application  filed in this MA case for expunging the names of OP-2 to 4.  It is the main point of contention an argument of the applicant side that the OP-2 to 4 are not necessary parties and so their presence in the C.C case no.73/2021 is not required.  On the other hand, the complainant of CC-73/2021 who is the OP of this MA case pointed out that the OP-2 to 4 are necessary parties and the complainant has filed his claim against all the OPs and so the prayer of the applicant side for expunging the name of OP-2 to 4 cannot be allowed.

 For the purpose of arriving at just and proper decision this district commission finds that there is necessity of making scrutiny of the materials of this case record as well as the case record of CC-73/2021.  It is revealed that the C.C-73/2021 is ready for disposal and it is lying at this stage of filing evidence on affidavit.  Moreover for the interest of proper and complete adjudication of the C.C.-73/21 the presence of the OP-2 to 4 are extremely required.

Considering  all the above noted factors this district commission is of the view that the prayer of the applicants in this MA case for expunging the name of OP-2 to 4 cannot be allowed.

In the result, it is accordingly,

                                                            Ordered

That the MA case no.11/2023 be and the same is dismissed on contest.  The prayer of OP-2 to 4 for expunging their names from the C.C-73/21 is rejected.

Let the case record of MA case no.11/2023 be tagged with the record of C.C-73/2021.

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

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