West Bengal

StateCommission

A/4/2022

Biswanath Mondal - Complainant(s)

Versus

Calcutta Hearing Clinic & Another - Opp.Party(s)

Mr. Trambak Ghosh, Ms. Soma Ghosh

25 Jan 2022

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
First Appeal No. A/4/2022
( Date of Filing : 11 Jan 2022 )
(Arisen out of Order Dated 01/12/2021 in Case No. CC/394/2021 of District Kolkata-III(South))
 
1. Biswanath Mondal
S/o, Lt Gopal Chandra Mondal. Vill & P.O.- Sarisha, South 24 Parganas, Pin- 743 368.
...........Appellant(s)
Versus
1. Calcutta Hearing Clinic & Another
181A, Sarat Bose Road, Opposite Deshpriya Park, Kolkata- 700 026, P.S.- Gariahat.
2. Phonak India Pvt Ltd.
357/7, Prince Anwar Shah Road, 1B, Ground Floor, Nearest Lords Fishery Market, Kolkata- 700 068, P.S.- Lake.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT
 HON'BLE MRS. SAMIKSHA BHATTACHARYA MEMBER
 
PRESENT:Mr. Trambak Ghosh, Ms. Soma Ghosh, Advocate for the Appellant 1
 
Dated : 25 Jan 2022
Final Order / Judgement

HON’BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT

          This Appeal has been directed against the Order no.3 dated 1.12.2021 passed by ld. D.C.D.R.Commission , Kolkata Unit III (S) in C.C. 394 of 2021 where ld. D.C.D.R.Commission while called the case for hearing at the time of its admission, dismissed the same due to the absence of the complainant with observation that  “the complainant is no more interested to proceed with the case”.

          Being aggrieved by such order the present Appeal has been preferred by the Complainant.

          Ld. Counsel for the Appellant in course of hearing submitted that his client being an old man of 70 years was very much interested to proceed with the case for which the Complaint case being CC/394/2021 was filed before ld. D.C.D.R.Commission having jurisdiction to try the case. Taking into consideration the background of the order of dismissal dated 1.12.2021 and for the ends of justice we set aside the said order and direct the ld.D.C.D.R.Commission to admit the Complaint case being CC/394/2021 and dispose it of on merit following  the procedure prescribed by the Consumer Protection Act 2019.

          With the above observation and direction this Appeal stands disposed of.  The complainant is given liberty to appear before Ld. D.C.D.R.C. with a copy of this order at the earliest.

 
 
[HON'BLE MR. JUSTICE ISHAN CHANDRA DAS]
PRESIDENT
 
 
[HON'BLE MRS. SAMIKSHA BHATTACHARYA]
MEMBER
 

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