Hon’ble Mr. Ajeya Matilal, Presiding Member

Both sides are present through their respective Ld. Counsels.

Today is fixed for filing receipt showing payment of cost.

Appellant paid cost of Rs.1000/- to the Complainant/Respondent No.1 which is received by Respondent No.1.

Being aggrieved and dissatisfied with the Order and Judgment dated 05.12.2019 passed by DCDRC, Unit-III in CC/34/2018 allowing the case on contest, the Appellant preferred this Appeal.

It appears from the Order that the Ld. Commission below directed the Opposite Parties to refund the maturity valued 18,421/- in respect of the certificate bearing A/C No.30276513742 within one month from the date of this Order and the Opposite Parties were further directed to pay compensation to the tune of Rs.10,000/- and 10,000/- towards litigation cost within above mentioned period in default, the entire amount shall carry interest @7% p.a.

Ld. Counsel for the Appellant submitted that the entire amount has been credited wrongly in favour of one Smt. Minu Biswas who should have been a necessary party before the Hon’ble DCDRC, Unit-III, since somehow C.I.F No.85786817844 of Dr. Minu Biswas became identical with C.I.F No. of Smt. Minu Biswas.

The fact is that the Smt. Minu Biswas was not a party to the proceeding before the Commission below.  So we are of the view that she is required to be added as a necessary party to the proceeding before the Commission below.

Under the circumstances, we are of the view that Smt. Minu Biswas should be added as she is needed as a necessary party before the Commission below.  The Commission below is directed to issue notices upon all necessary parties, including Ms. Minu Biswas to be added as Opposite Party No.3.

So, Appellant/Opposite Party is directed to take necessary steps before the Commission below for adding Smt. Minu Biswas a necessary Opposite Party in the category of Opposite Party No.3.

Appellant/Complainant shall also file amended necessary application there incorporating the name of Smt. Minu Biswas.

The Appellant and the Respondent of this Appeal shall remain present at Commission below on 26.11.2024 and shall dispose of the case preferably within 4 months from that date in accordance with law.

Let a copy of the order be supplied to all concerned free of costs.

Ordered accordingly.