West Bengal

Howrah

RA/8/2023

SRI PUSKAR KOLEY - Complainant(s)

Versus

Bina Construction Private Limited, represented by its Director - Opp.Party(s)

Amarnath Sanyal

22 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION HOWRAH
20, Round Tank Lane, P.O. and P.S. Howrah, Dist. Howrah-711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Review Application No. RA/8/2023
( Date of Filing : 30 May 2023 )
In
Complaint Case No. CC/60/2023
 
1. SRI PUSKAR KOLEY
S/O, Subodh Kole, residing at village and P.O. Sumda, P.S. Uluberia, Howrah 711303
...........Appellant(s)
Versus
1. Bina Construction Private Limited, represented by its Director
registered office at 8, Jelia Para 1ST Bye Lane, 2ND Floor, P.S. Howrah
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Dhiraj Kumar Dey MEMBER
 HON'BLE MRS. Minakshi Chakraborty MEMBER
 
PRESENT:
 
Dated : 22 Feb 2024
Final Order / Judgement

Order No: 07                                                                                                     Date: 22.02.2024

Today is fixed for hearing of this RA Case which has been filed for rectification / review of Order No. 4 dt. 17.05.2023 which has been passed by the District Commission.  This matter has been contested by OP for filing written objection.

Heard Ld. Advocate of both sides.  Considered submission.

Perused the review application & written objection filed by the OPs.

This District Commission on close examination of Order No. 4 dt. 17.05.2023 finds that there is error apparent on the face of the record and so the Order No. 4 dt. 17.05.2023  is hereby modified  as the OP Nos. 2 & 3 are the Directors  of OP No. 1 Company and notice has been served upon OP Nos. 2 & 3.  It is to be treated that notice has also been served upon the OP No. 1 in view of the provisions of Order 29 Rule 2 of Civil Procedure Code.  So, let the service of notice upon OP No. 1 be treated as good service and the W/V by OP Nos. 2 & 3 be accepted.  As the OP Nos. 2 & 3 has filed the W/V who are Directors of OP No. 1 Company, let the W/V filed by OP Nos. 2 & 3 be also treated as W/V of OP No. 1

In the light of the observation made above this RA Case is allowed on contest  and disposed of.

Let the case record of this RA Case be tagged with the CC Case No. 60/2023

Dictated & corrected by me

 

President

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MR. Dhiraj Kumar Dey]
MEMBER
 
 
[HON'BLE MRS. Minakshi Chakraborty]
MEMBER
 

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