DIST. CONSUMER DISPUTES REDRESSAL FORUM

NORTH 24 Pgs., BARASAT.

C. C.  CASE NO.  580/2015

MA-244/2017

    Date of Filing:                                                                 Date of Disposal:

     18.09.2017                                                                         12.10.2017

 Complainant:-  Sri. Satinath Ghosh, S/o Sri. Nandalal Ghosh, Tarulia,

                             Krishnapur, P.O.-Krishnapur, P.S.-Baguiati,

                             District-North 24 Parganas, Pin-700102.

                                                                 Vs.

Opposite Parties:- 1) Hahneman Herbal Limited, Sahadev Kuntha,

                                       Bhaskarganj-B, Premises no-79, 1^st Floor,

                                       P.O.-Balasore, Pin-756001, State of Orissa.

                                  2) Hahneman Herbal Limited, Andarpur, Kalyani,

                                      District-Cuttack, Pin-753013, State of Orissa.

                                3) Dr. Goutam Banerjee,

                                    Chairman cum Managing Director,

                                    Hahneman Food Products Limited,

                                    Works and Laboratory- Shyampur, P.O.-Beliatore,

                                    P.S.-Borjora, District-Bankura, Pin-722203.

                               4) M/s. Hahneman Food products Limited,

                                   S.K. Tower, Premises no-AF-239/A, Rabidrapally,

                                   Krishnapur, P.O.-Prafullakanon, P.S.-Baguiati,

                                   District-North 24 Parganas, Pin-700101.

                              5) M/s. Hahneman Food Products Limited, Hijalpukuria,

                                  Near 1 no Rail Gate, P.S.-Hijalpukuria, P.S.-Habra,

                                  District-North 24 Parganas, Pin-743263.

                             6) Ashim Mondal, S/o Late Satish Chandra Mondal,

                                 3 no Camp, Krishnapur, Near Syastha Kendra (Hospital),

                                 P.O.-Krishnapur, P.S.-Baguiati, Kolkata-700 102,

                                 District-North 24 Parganas.

P R E S E N T :-   Sri. Bankim Chandra Chattopadhyay…………President.

                         :-   Sri. Siddharta Ganguli  ….………………………Member.

                         :-  Smt. Silpi Majumder………………………………Member.

ORDER: 20

This order is arising out of the MA being no-244/2017 in the CC no-580/2015 filed by the Complainant praying for deletion of the names and addresses of the OP nos-1, 2, 4 and 5 from the cause title of this complaint.

In the application it is stated by the Complainant that the OP-1 is a limited company, which is carrying on various types of business for the interest of the public at large. The OP-1 has many offices i.e. OP-2 in Orissa, OP-3 in Bankura, OP-4 at Rabindrapally, Krishnapur and OP-5 at Habra. The addresses of the OP-4 and 5 fall within the territorial jurisdiction of this Ld. Forum. The OP-6 is an agent of the OP-3, which also falls within the jurisdiction of this Ld. Forum. The Complainant issued notices upon all the OPs and filed the track reports about of the service of notices before the Ld. Forum. The Complainant has stated that the OP-3 is the Chairman cum Managing Director of the OP-1, 2, 4 & 5. It is detected by him from the certificate issued by the OP-3 that OP-1 has a registered office at Sahadev Kuntha, Bhaskarganj-B, premises no-79, 1^st Floor, P.O.-Balasore, Pin-756001, State of Orissa. The track report of the OP-1 revealed as ‘Door Locked’. The Complainant has further detected that the OP-2 has a registered office at Andarpur, Kalyani, District-Cuttack, Pin-753013, State of Orissa. The track report of the OP-2 shows ‘insufficient address’. From the face of the agreement it is clear that the OP-4 has a registered office at S.K. Tower, Premises no-AF-239/A, Rabidrapally, Krishnapur, P.O.- Prafullakanan, P.S.-Baguiati, District-North 24 Parganas, Pin-700 101. The track report of the OP-4 reveals  ‘addressee moved’. The track report of the OP-5 also reveals ‘insufficient address’. All the branches in different States including its registered office at Orissa are under the control and supervision of the Chairman cum Managing Director –OP-3. Therefore in view of expeditious disposal of this complaint as well as the aforementioned track reports the names and addresses of the OP-1, 2, 4 and 5 is required to be deleted from the cause title of the complaint. According to the Complainant if this prayer is not allowed, he will suffer irreparable loss and injury and prayer is made by the Complainant for allowing this application.

Though the copy of this application has duly been received by the OP-3 and 6, but no such vehement objection is raised, formal objection is given.

Upon careful perusal of the content of the application we are of the opinion that as the Complainant is inclined to delete the names and addresses of the OP-1, 2, 4 and 5 from the cause title of this compliant, then we cannot raise any objection because after deletion of the abovementioned names the consequences will be faced by the Complainant. Moreover such deletion will not change the nature and character of the petition of complaint. Hence the prayer as made out by the Complainant in the instant application should be allowed.

Going by the foregoing discussion hence it is ordered that the MA being no-244/2017 is hereby allowed on contest without any cost. Fix …………… for filing amended complaint showing deletion of the names and addresses of the OP nos-1, 2, 4 and 5 in the cause title of the complaint by the Complainant without any fail.

 Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.              

Member                                               Member                                               President

Dictated and corrected by me: