Assam

Dhemaji

CC/2/2001

Smti Soni Bordhan - Complainant(s)

Versus

Jiten Ch. Bora - Opp.Party(s)

18 Jun 2002

ORDER

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Complaint Case No. CC/2/2001
 
1. Smti Soni Bordhan
Bam Gaon PS Silapathar
...........Complainant(s)
Versus
1. Jiten Ch. Bora
Director, Grass-root Finance & Investment Company, Gohpur
2. Naba Kr Borah
Sripani gaon
............Opp.Party(s)
 
BEFORE: 
 JUDGES Sri M. P. Hazarika PRESIDENT
 HON'BLE MRS. A Deori MEMBER
 HON'BLE MR. L. Gohain MEMBER
 
For the Complainant:
For the Opp. Party: P Gohain, Advocate
Dated : 18 Jun 2002
Final Order / Judgement

         Both the members of the Forum are present.

       The witness of the petitioner Smti. Soni Bardhan is present. The witness has been examined ex parte as per earlier order. The ex parte evidence of the petitioner Smti Sabita Bardhan inclusive of the Ext 1 Passbook of the Current Account concerned prima facie proved the claim of the petitioner Smti Soni Bardhan.

        The petition is allowed ex parte for payment of the amount of Rs. 1926 by the Opp. Parties jointly and severally to the petitioner Smti Soni Bardhan. However, in view of the statement of the witness that Smti Soni Bardhan is still a minor of the age of only 10 years, it is not acceptable that the minor petitioner Soni Bardhan is competent to nominate the witness Smti Sabita Bardhan to receive the awarded amount from the Opp. Parties.

        So, the witness who claims herself as the nominee of the minor petitioner, is required to obtain a Certificate of Guardianship from the competent Court to be able to receive the awarded amount when paid by the Opp. Parties.

 
 
[JUDGES Sri M. P. Hazarika]
PRESIDENT
 
[HON'BLE MRS. A Deori]
MEMBER
 
[HON'BLE MR. L. Gohain]
MEMBER

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