DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 354/2022    

P R E S E N T                :- Sri Daman Prosad Biswas………President.

                                       :- Sri.  Abhijit Basu………………. Member.

Order No.10

Dated. 05.01.2024

Today is fixed for hearing the petition filed by the O.P. Complainant is present. Ld. Advocate for the O.P is present. Complainant files W/O.

Petition dated 22/09/2023 is taken up for hearing. Petition is registered as M.A. case no. 11/2024. Heard both sides.

O.P filed this petition under order 7 rule 11 (D) of C.P.C. He stated in the petition that another case is pending in this Commission vide no. C.C./353/2022. He prays for dismissal of case no. C.C./354/2022 or merge the petition with C.C./353/2022 or pass any such further order as this Hon’ble Forum may deemed fit and proper.

Petitioner / O.P. filed this petition under order 7 rule 11 (D) of C.P.C. Perused Section 38 (9) of C.P. Act, 2019 wherein it has been stated that what provision of C.P.C can be invoked. In the said provision it has not mentioned that Consumer Fora can invoke the provision of order 7 rule 11 (D).

Accordingly we find that the present petition is unknown to the C.P. Act, 2019.

Hence,

It is Ordered:_

That the petition filed by O.P under order 7 rule 11 (D) of C.P.C r/w Section 151 of C.P.C dated 22/09/2023 which registered as M.A. case no. 11/2024 is considered and rejected.

M.A. Case No. 11/2024 is thus disposed of.

To 31/01/2024 for argument.

                          Member                            President