West Bengal

Howrah

MA/93/2018

SMT. CHHABI MUKHERJEE, - Complainant(s)

Versus

Dibyendu Roy, - Opp.Party(s)

20 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM HOWRAH
20, Round Tank Lane, Howrah 711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Miscellaneous Application No. MA/93/2018
( Date of Filing : 07 May 2018 )
In
Complaint Case No. CC/250/2017
 
1. SMT. CHHABI MUKHERJEE,
W/O. Sri Monotosh Mukherjee, 12/1, Bangal Para 2nd bye Lane, P.O. Santragachi, P.S. AJC Bose Botanical Garden, Howrah 711104.
...........Appellant(s)
Versus
1. Dibyendu Roy,
S/O. Sri Sanjit Kumar Roy, 12/1/1B, Naskar Para Lane, P.O. P.O. Santragachi, P.S. AJC Bose Botanical Garden, Howrah 711104.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE BIBEKANANDA PRAMANIK PRESIDENT
 HON'BLE MRS. Smt. Banani Mohanta, Ganguli MEMBER
 
For the Appellant:
For the Respondent:
Dated : 20 Aug 2018
Final Order / Judgement

Order No.    3                                                                                 Date 20/08/2018

Ld. Advocate for complainant and O.P. No. 1 file their respective hazira.

The petition dated 07-05-2018 is taken-up for hearing.

Perused  the said petition and the case record.  

                                          Heard both sides, considered.

On perusal of the  case record it appears that O.P. No.1 appeared on 04-09-2017. It is also seen from the case record  that vide order no.3 dated. 09-11-2017, O.P. no.1 filed time petition for filing W/V.

Thereafter, he did not file W/V and the more time have been elapsed to file W/V.

So, the case was ordered to be heard exparte against the O.P. No.1 vide Order no.4 dated.  29-01-2018.

As per C.P.Act 1986, the District Forum has no power to recall or review its own order. Again as per the Judgement passed by the Hon’ble Apex Court in Rajeev Hitendra Pathatk , the District Forum has no power to recall or review its own order.

Considering the above the prayer of the O.P. no.1 is liable to be rejected.

Hence,

                 it is

O R D E R E D

that petition dated 07-05-2018 filed by the O.P. no.1 is rejected.

The MA Case no. 93/2018 is here by disposed of.

Dictated & Corrected by Me.  

 

Lady Member     

 
 
[HON'BLE MR. JUSTICE BIBEKANANDA PRAMANIK]
PRESIDENT
 
[HON'BLE MRS. Smt. Banani Mohanta, Ganguli]
MEMBER

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