West Bengal

Siliguri

CC/15/25

TRIBHUWAN PRASAD - Complainant(s)

Versus

DR. PRASHANT KR. VATSA - Opp.Party(s)

RAHUL MISHRA

31 Oct 2018

ORDER

District Consumer Disputes Redressal Forum, Siliguri
Kshudiram Basu Bipanan Kendra (2nd Floor)
H. C. Road, P.O. and P.S. Prodhan Nagar,
Dist. Darjeeling.
 
Complaint Case No. CC/15/25
( Date of Filing : 13 Feb 2015 )
 
1. TRIBHUWAN PRASAD
C/O AAKASH JEWELLERS,D.I. FUND MARKET. KALI BARI ROAD, P.O. SILIGURI TOWN, SILIGURI 734004. DIST DARJEELING,WESTBENGAL.
...........Complainant(s)
Versus
1. DR. PRASHANT KR. VATSA
C/O AROGYA NIKETAN NURSING HOME, S.P. MUKHERJEE ROAD, KHAIPARA,SILIGURI 734005,DIST. DARJEELING,WESTBENGAL.
2. AROGYA NIKETAN NURSING HOME,
S.P. MUKHERJEE ROAD,KHALPARA,SILIGURI 734005
DARJEELING
WESTBENGAL
3. THE MEDICAL COUNCIL OF INDIA
POCKET 14, SECTOR 8, PHASE 1,DWARKA,110077.
NEW DELHI
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Shri Subhabrata Chaudhuri PRESIDENT
 HON'BLE MRS. MALLIKA SAMADDER MEMBER
 HON'BLE MR. Shri Tapan Kumar Barman MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 31 Oct 2018
Final Order / Judgement

Today is fixed for order. 

Previously this case was fixed on 26.10.2018 but as no quorum was there, this date was fixed for passing order. 

Ld advocate from the side of the OPs is present and he draws the attention of this Forum of the application dated 08.06.2018 as filed by the ld advocate of the complainant and the documents which were filed along with that application. 

It appears from the case record that since long, no steps were taken from the side of the complainant and particularly from the petition dated 08.06.2018 it further appears that prayer has been made for dismissal of this case as the sole complainant Tribhuwan Prasad died on 28.05.2018. 

Perused the certificate of death as filed in photocopy of the complainant wherefrom it reveals that said Tribhuwan Prasad died on 28.05.2018 as issued by Siliguri Municipal Corporation’s Crematorium.  Certificate of Dr. A. K. Das Roy dated 28.05.2018 also says about the death of said Tribhuwan Prasad on the said date. 

Under the circumstance, in absence of any legal heirs of the deceased complainant it is

                                  O R D E R E D

that the instant case is abetted and dismissed.  Accordingly, disposed of for non-prosecution. 

 

 
 
[HON'BLE MR. JUSTICE Shri Subhabrata Chaudhuri]
PRESIDENT
 
[HON'BLE MRS. MALLIKA SAMADDER]
MEMBER
 
[HON'BLE MR. Shri Tapan Kumar Barman]
MEMBER

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