West Bengal

StateCommission

A/58/2020

M/s. Shiva Co. & Another - Complainant(s)

Versus

Krishna Das & Another - Opp.Party(s)

Mr. Rajnarayan Datta

30 Jun 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
First Appeal No. A/58/2020
( Date of Filing : 28 Jan 2020 )
(Arisen out of Order Dated 12/04/2019 in Case No. Complaint Case No. CC/341/2018 of District Kolkata-I(North))
 
1. M/s. Shiva Co. & Another
Office at Satchashi Para Road, Kolkata -700 002.
2. Swapan Paul
S/o Pasupati Nath Paul, 24B, Gopal Chandra Chatterjee Road, P.S.- Cossipore, Kolkata -700 002.
...........Appellant(s)
Versus
1. Krishna Das & Another
W/o Lt. Ranjit Das, 13/5, Shils Garden, P.S.- Cossipore, Kolkata -700 002.
2. Araddhaya Das(Minor)
S/o Lt. Ranjit Das, rep. by his mother & natural guardian, Krishna Das, 13/5, Shils Garden, P.S.- Cossipore, Kolkata -700 002.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. AJEYA MATILAL PRESIDING MEMBER
 HON'BLE MRS. SOMA BHATTACHARJEE MEMBER
 
PRESENT:Mr. Rajnarayan Datta, Advocate for the Appellant 1
 
Dated : 30 Jun 2023
Final Order / Judgement

Hon’ble Mr. Ajeya Matilal, Presiding Member

          Ld. Advocates for both sides are present.

          Perused the impugned Judgement.

          It appears from Order dt. 12.04.2019 in CC/341/2018 that the case was allowed ex-parte against the OPs.

         Ld. Advocate for the Appellant submitted that the case may be remanded back to the Ld. Forum below for proper adjudication of the disputes between the parties. The Ld. Advocate for the Respondent raised objection.

         It is apparent that at the time of hearing before the Trial Court, the OPs were not present. So, we are of the view that necessary Order should be passed for sending the case on remand to the Commission below for ends of justice.

          Ld. Advocate for the Appellant submitted that he is giving a undertaking to the effect that he would pay cost of Rs.1,000/-, as per previous Order, to the SCWF in course of this day.

            In view of the submission of the Ld. Advocates for both sides, we are of the view the appeal should be allowed.

            Accordingly, the Appeal being No. A/58/2020 is allowed on contest without costs. The impugned Judgement is set aside.

            Let the case be remanded back to the Ld. DCDRC, Unit-I (North).

           Let the Ld. Forum below is directed to dispose of the case in accordance with law after giving both parties giving an opportunity of being heard, including adduced evidence within 6 months from the communication of this Order. Liberty is also given to the Appellant/Opposite Party to file Written Version before the Commission below within the statutory period from this day.

            The parties are directed to appear before the Ld. Forum below on 20.07.2023.            

 
 
[HON'BLE MR. AJEYA MATILAL]
PRESIDING MEMBER
 
 
[HON'BLE MRS. SOMA BHATTACHARJEE]
MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.