West Bengal

StateCommission

A/700/2017

Berger Paints India Limited. - Complainant(s)

Versus

Debasish Baisnab. - Opp.Party(s)

Arnab Basu Mallick. and Ankita Basu Mallick.

28 Dec 2021

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
First Appeal No. A/700/2017
( Date of Filing : 29 Jun 2017 )
(Arisen out of Order Dated 25/05/2017 in Case No. Complaint Case No. CC/105/2014 of District Birbhum)
 
1. Berger Paints India Limited.
Regd. office at Berger House, 129, Park Street, Kolkata - 700 017.
...........Appellant(s)
Versus
1. Debasish Baisnab.
Nischintapur (Dighipar), P.O. - Rampurhat, Birbhum - 731 224.
2. Maa Tara Traders
Proprietor Sanjoy Keshri, Mahajan Patti, P.O. - Rampurhat, Birbhum, Pin - 731 224.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER
 
PRESENT:Arnab Basu Mallick. and Ankita Basu Mallick., Advocate for the Appellant 1
 Sougata Basu., Advocate for the Respondent 1
Dated : 28 Dec 2021
Final Order / Judgement

Sri Shyamal Gupta, Member

This Appeal is directed against the order dated 25.05.2017 of the Ld. DCDRC, Birbhum passed in CC/105/2014 by the Appellant/OP No. 2.

Over the issue of defective painting, Complaint raised by the Complainant before the Ld. DCDRC against the dealer of Berger Paints (OP-1)+Berger Paints (I) Ltd.(OP-2)

On hearing both sides, Ld. DCDRC allowed the Complaint Case.

Being aggrieved with the said order, OP-2 filed the instant Appeal.

Admitted O.P No. 2 was absent before the Ld. DCDRC and the case was heard ex parte against O.P No. 2.

Considering the said position, liberty be given to OP No. 2/Appellant to adduce evidence in support of their contention.

The Appeal runs ex parte here.

Hence,

Ordered

The Appeal is allowed in part. The case is remanded back to Ld. DCDRC for fresh adjudication with a liberty given to OP No. 2 to file WV/evidence and cost of Rs. 5,000/- to Complainant.

Fix 28.01.2022 for appearance of both sides before Ld. DCDRC, payment and filing W.V.

 
 
[HON'BLE MR. SHYAMAL GUPTA]
PRESIDING MEMBER
 

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