DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MALDA, MALDA D.F. Misc. Case No.03/2008 ARISING OUT OF ORIGINAL CASE No.27/2007. Date of filing of the Case: 20.05.2007 Complainant | Opposite Parties | Sri Arup Narayan Basak (49 yrs), S/O. Lt. Laxmikanta Basak, Sree Colony, Kaliaganj, P.O. Kaliaganj, P.S. Kaliaganj, Dist. Uttar Dinajpur, West Bengal. | 1. | Proprietor SONOSCAN DIAGNOSTIC CENTRE B.G. Road, Mokdumpur, P.S. Englishbazar, P.O. & Dist. Malda. West Bengal. | 2. | Proprietor MALDA NURSING HOME 23/176, B.G. Road, Mokdumpur, P.S. Englishbazar, P.O. & Dist. Malda, West Bengal. | 3. | Dr. H. Pathak, SONOSCAN DIAGNOSTIC CENTRE B.G. Road, Mokdumpur, P.S. Englishbazar, P.O. & Dist. Malda. West Bengal. | 4. | Dr. Amlan Chakraborty MALDA NURSING HOME 23/176, B.G. Road, Mokdumpur, P.S. Englishbazar, P.O. & Dist. Malda, West Bengal. |
Present: | 1. | Smt. Sumana Das, Member | 2. | Dr. Soumen Sikder, Member |
For the Petitioner : Joynarayan Chowdhury & Suhasish Chakraborty, Advocates. For the O.P.s For the O.P. Nos.1, 2 & 3 Tarit Ojha & Md. Ziaullah, Advocates. For the O.P. No.4 Prabir Kr. Jha & Kakali Bagchi, Advocates. Order No. 07 Dt. 25.9.2008 Record is put up today for order. In the application filed by the O.P. No.4 dt.24.7.2008 and in two separate written objections filed by other O.Ps. all the four O.Ps. have challenged the maintainability of the application for restoration of the original case 27/2007. Be it mentioned herein that on no reasonable ground challenging the maintainability has been raised by the O.Ps. before this Forum. Ld. Advocate on behalf of O.Ps. have submitted that the order for restoration if passed by this Forum is not available in order 9 rule 9 CPC read that order 9 Rule 9 CPC is not applicable in the instant proceeding. So this Forum is concerned only with Sec.22A of the C.P. Act it appears prudent to quote Sec.22A of the C.P. Act as the same is relevant in order to come to a definite conclusion which runs as follow:- “Where an order is passed by the National Commission exparte against the opposite party or a complainant, as the case may be, the aggrieved party may apply to the commission to set aside the said order in the interest party may apply to the commission to set aside the said order in the interest of justice.” Definitely the section mentioned hereinabove does not deal with question which relates to ‘dismissal for default’. The original petitioner has filed some documentary evidence showing his illness in Malda Nursing Home for his treatment for cancer and also filed documents showing therein the ailment of his daughter. In support the complainant has filed the treatment papers of the Calcutta Medical Research Institute and Christian Medical College, Vellor. The Forum being satisfied with the reasons through documentary evidences inclined to set aside the order of dismissal for default. Hence, ordered, that the application dt.2.6.2008 wherefrom the present Misc. Case No.03/2008 of the petitioner arises is allowed on contest with no order as to cost. This Misc. Case is thus disposed of. The case be restored to its original file and numbered. To 20.10.2008 for filing written version by O.P. No.4 Parties to take steps accordingly. Sd/- Sd/- Dr. Soumen Sikder Smt. Sumana Das Member Member D.C.D.R.F., Malda. D.C.D.R.F., Malda. |
