West Bengal

Burdwan

MA/36/2022

SAMIR BARAN CHAKRABORTY - Complainant(s)

Versus

COUNTRY VACATIONS - Opp.Party(s)

Suvro Chakraborty

26 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
BDA GUEST HOUSE ( 1ST FLOOR ) KALNA ROAD BADAMTALA
Dist Purba Bardhaman - 713101
WEST BENGAL
 
Miscellaneous Application No. MA/36/2022
( Date of Filing : 27 May 2022 )
In
Complaint Case No. CC/120/2022
 
1. SAMIR BARAN CHAKRABORTY
BURDWAN
...........Appellant(s)
Versus
1. COUNTRY VACATIONS
BURDWAN
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Lipika Ghosh PRESIDING MEMBER
 HON'BLE MR. Atanu kumar Dutta MEMBER
 
PRESENT:
 
Dated : 26 Jul 2024
Final Order / Judgement

Order date: 26 .07.2024.

Today is fixed for hearing of the M.A. being No. 36/2022 and objection, if any.

            Ld. Advocate for the complainant is present.

M.A. case No. 36/2022 is taken up for hearing. OP No.1 is absent.

On 27.05.2022 the complainant filed this M.A. for condonation of delay in lodging the complaint for 263 days. The cause of action of the present case has been arose on and from 06.09.2019 , in that case the statutory period as come to an end on 05.09.2021 and in this regard the complainant begs to submit that due to starting and continuity of Covid-19 Pandemic and lockdown it was not possible to file the complaint within 05.09.2021 . In this regard, it is pertinent to mention that as per office order of the Hon’ble National Commission dt. 14.01.2022 which has been drawn on the basis of Hon’ble Supreme Court’s order dt. 10.01.2022 in Suo motu Writ Petition (Civil No. 3 of 2020, all the limitations  stop on and from 15.03.2020 and it was again stated from 01.03.2022 and on the basis of such order the complainant has filed this case within the said period.

Under the above facts and circumstances, of the case and considering the submission of the Ld. Advocate for the complainant, we opine that the petition filed by the complainant under the provisions of 69(2) of the C.P. Act, 2019 for condonation of delay , is hereby allowed and the delay for 263 days in filing the complaint is hereby condoned.

 

Hence, it is

                                            Ordered

 

that the M.A. case being No. 36/2022 be allowed .

The M.A. case being No. 36/2022 is thus disposed of.

Let a copy of this order be given to the parties on free of cost.

  

To  01.08.2024  for admission hearing .

 
 
[HON'BLE MRS. Lipika Ghosh]
PRESIDING MEMBER
 
 
[HON'BLE MR. Atanu kumar Dutta]
MEMBER
 

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