Order No. 20

05.08.2022

Today is fixed for passing order in respect of M.A. Case being No. 19/2021.

Complainant files hazira. No step is taken by the OP No.1. The M.A. case No. 19/2021 is taken up for passing order.

The OP No.1 has filed a petition (M.A. 19/2021) praying for rejecting the case on the ground that the case is false and frivolous and not maintainable in law and that the complainant is barred by limitation and that the complainant is not a bonafied consumer and that the complainant has no cause of action for the case. The OP No.1 also claims that he is entitled to relief of Rs. 5,00,000/- payable on un-liquidated damages for this false case. 

Complainant did not file any W/O but raised strong objection of this case. Perused the complaint and this petition under M.A. case. It is found that those pleas had already been taken by the OP in his W/V. But there is no such material in this petition as to why the case is not maintainable in Law or barred by limitation or he is entitled to take relief of Rs.5,00,000/- payable on un-liquidated damages. On the other hand considering all matters regarding limitation period, cause of action and maintainability, the case has already been admitted. Therefore, we find no material in the petition under MA case and the petition is hopelessly failed.

Hence it is

                                       Ordered

that this M.A. Case be and the same is dismissed on contest, but without any cost. Let the case be fixed for evidence.

Dictated and corrected by me.

       President

D.C.D.R.C., Purba Bardhaman

Member                                                                                                           President

D.C.D.R.C., Purba Bardhaman                                                                D.C.D.R.C., Purba Bardhaman