West Bengal

Burdwan

MA/67/2022

Shri Santosh Kumar Aggarwal - Complainant(s)

Versus

Indian Bank Formerly Allahabad Bank - Opp.Party(s)

30 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
166 Nivedita Pally, G.T. Road, P.O. Sripally,
Dist Purba Bardhaman - 713103
WEST BENGAL
 
Miscellaneous Application No. MA/67/2022
( Date of Filing : 19 Sep 2022 )
In
Complaint Case No. CC/108/2021
 
1. Shri Santosh Kumar Aggarwal
BURDWAN
...........Appellant(s)
Versus
1. Indian Bank Formerly Allahabad Bank
BURDWAN
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. MD. Muizzuddeen PRESIDENT
 HON'BLE MRS. Lipika Ghosh MEMBER
 HON'BLE MR. Atanu kumar Dutta MEMBER
 
PRESENT:
 
Dated : 30 Nov 2022
Final Order / Judgement

             Order  Date:  30.11.2022

 

Today is fixed for hearing of M.A. case being No. 67/2022 and petitioners are directed to file respective Vokalatnama by the date fixed.

The petitioner Sudha Debi Agarwal has filed Vakalatnama.

OP Nos. 1 & 2 file hazira along with a petition for time to file W/V which is misconceived one and rejected.

The M.A. case being No. 67/2022 filed on 19.09.2022 supported by an affidavit praying for substituting the petitioners in place of the complainant on the ground that the complainant Santosh Kumar Agarwal has expired on 07.09.22 is taken up for hearing.

Heard.

From the death certificate, it appears that the complainant expired on 07.09.2022 and from the certificate issued by Pradhan, Baidyanathpur Gram Panchayat on 11.11.2022 that the petitioners are family members of the complainant. The petition is within the period of limitation.

Considering the petition and the documents filed by the petitioners, the prayer for substitution is allowed.

Let the petitioners be substituted in place of the complainant Santosh Kumar Agarwal since deceased. The petitioners are directed to file amended complaint by the date fixed. Accordingly, the M.A. case being No. 67/2022 is disposed of.

To  07.02.2023 for filing amended complaint and hearing of argument.

 
 
[HON'BLE MR. MD. Muizzuddeen]
PRESIDENT
 
 
[HON'BLE MRS. Lipika Ghosh]
MEMBER
 
 
[HON'BLE MR. Atanu kumar Dutta]
MEMBER
 

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