West Bengal

Burdwan

MA/116/2023

KRIPASHINDHU SHIT - Complainant(s)

Versus

MA KARUNAMOYEE ALU BHANDAR - Opp.Party(s)

15 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
BDA GUEST HOUSE ( 1ST FLOOR ) KALNA ROAD BADAMTALA
Dist Purba Bardhaman - 713101
WEST BENGAL
 
Miscellaneous Application No. MA/116/2023
( Date of Filing : 01 Nov 2023 )
In
Complaint Case No. CC/138/2023
 
1. KRIPASHINDHU SHIT
Burdwan
...........Appellant(s)
Versus
1. MA KARUNAMOYEE ALU BHANDAR
Burdwan
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Lipika Ghosh PRESIDING MEMBER
 HON'BLE MR. Atanu kumar Dutta MEMBER
 
PRESENT:
 
Dated : 15 Jul 2024
Final Order / Judgement

Order date: 15.07.2024.

Today is fixed for passing order in respect of M.A. case being No. 116/2023 and hearing of the M.A. case being No. 117/2023.

            Ld. Advocate for the complainant is present.

 

            On 01.11.2023 this M.A. case was filed for condonation of delay in filing the case.

 

Ld. Advocate for the complainant submits that the cause of action arose on 02.11.2020 and there is a delay of 365 days and that delay has been taken place for the false assurance of the OP and for lock down period.

 

As per order passed by the Hon’ble Apex Court in Misc. Application No. 21 of 2022 wherein an order directing that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purpose of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings.

 

Under the above facts and circumstances of the case and considering the submission of the Ld. Advocate for the complainant, we opine that the petition filed by the complainant under the provisions of 69(2) of the C.P. Act, 2019 for condonation of delay, is hereby allowed and the delay for 365 days in filing the complaint is hereby condoned.

 

Hence,         it is

                                                    ORDERED

that the M.A. case being No. 116/2023 be allowed condoning the delay of 365 days in filing the complaint.

The M.A. case being No. 116/2023 is thus disposed of.

Let a copy of this order be given to the complainant on free of cost.                      

 

To  24.07.2024  for admission hearing . After the case gets admitted, the M.A. 117/2023 will be heard.

 
 
[HON'BLE MRS. Lipika Ghosh]
PRESIDING MEMBER
 
 
[HON'BLE MR. Atanu kumar Dutta]
MEMBER
 

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