West Bengal

StateCommission

RP/147/2017

Debasish Chatterjee - Complainant(s)

Versus

iBall - Opp.Party(s)

In-person/

26 Feb 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Revision Petition No. RP/147/2017
( Date of Filing : 19 Jun 2017 )
(Arisen out of Order Dated 28/04/2017 in Case No. Complaint Case No. CC/532/2016 of District Kolkata-I(North))
 
1. Debasish Chatterjee
S/o Lt. Manash Mohan Chatterjee, 13/4, Jessore Road, Dum Dum, Kolkata - 700 028, P.S. - Dum Dum.
...........Appellant(s)
Versus
1. iBall
Regd. office - 87, Mistry Industrial Complex, MIDC Cross Road, A, Andheri(E), Mumbai - 400 093.
2. IBall, Best I.T. World Pvt. Ltd.
Kolkata Br. office, 6B, Rameshwar Shaw Road, opp. - KMC Ladies Park, 1st, 2nd & 3rd Floor, Kolkata - 700 014.
3. IBall Service Centre, Best I.T. World Pvt. Ltd.
G.C. Avenue, Kolkata, 42-A, Chittaranjan Avenue, 2nd Floor, near Yogayog Bhawan, Kolkata - 700 012.
4. Eastern Logica Infoway Ltd.
Regd. office at 2, Saklat Palace, 1st Floor, 6, Chittaranjan Avenue, Kolkata - 700 072.
5. Eastern Logica Infoway Ltd.
EMall, 6, Chittaranjan Avenue, Kolkata - 700 072.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER
 
For the Petitioner:In-person/, Advocate
For the Respondent: Mr. Swapan kumar Dutta., Advocate
 Ms. Rekha Sen., Advocate
Dated : 26 Feb 2019
Final Order / Judgement

Sri Shyamal Gupta, Member

This Revision is preferred against the Order dated 28-04-2017, passed by the Ld. District Forum, Kolkata-I (North) in CC/532/2016.

The short case of the Revisionist is that as on the date of filing evidence by him, according to the cause list of even date, as was available from the Confonet website, his case was listed as Item No. 30 under the heading ‘Evidence Complainant’.  Accordingly, the Revisionist reached there around 11 a.m.  However, he was shocked to learn that by that time, his case was already taken up and taking note of his absence, the Ld. District Forum was pleased to fix the next date for filing evidence by the Respondents.  Feeling aggrieved with such decision, this Revision is preferred by him.

I have heard all sides in the matter.  It appears that the Revisionist himself is pleading his case.  There can be no manner of doubt, as an abandon precaution, he ought not leave anything to chances and reach the District Forum by 10.00 a.m. sharp and wait for his turn to file Evidence-in-Chief.  That, he did not do so is a clear pointer of laches on his part which is not expected of any sincere person.

That said, in the interest of justice, I deem it appropriate to allow this Revision.

Hence,

O R D E R E D

The Revision stands allowed on contest against the Respondents.  The impugned order is hereby set aside.  Parties to appear before the Ld. District Forum on 26-03-2019 for filing Evidence-in-Chief by the Revisionist positively.

 
 
[HON'BLE MR. SHYAMAL GUPTA]
PRESIDING MEMBER

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