West Bengal

Rajarhat

MA/111/2022

Mr. Vineet Kumar Saxena - Complainant(s)

Versus

Mayfair Properties - Opp.Party(s)

08 Jul 2022

ORDER

Additional Consumer Disputes Redressal Commission, Rajarhat (New Town )
Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor
Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161
 
Miscellaneous Application No. MA/111/2022
( Date of Filing : 04 Jul 2022 )
In
Complaint Case No. CC/17/2022
 
1. Mr. Vineet Kumar Saxena
asd
...........Appellant(s)
Versus
1. Mayfair Properties
bcd
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MR. Partha Kumar Basu MEMBER
 
PRESENT:
 
Dated : 08 Jul 2022
Final Order / Judgement

            Today is fixed for filing evidence by the complainant.

The Ld. Advocate of the complainant is present.

The Ld. Advocate of the OP 1 to 3 is present.

The Ld. Advocate of OP 5 is also present.

Since time is prayed for on behalf of the complainant, 09.09.2022 is fixed for filing evidence on affidavit by the complainant.

Today is also fixed for hearing of MA 111/2022. The said application is taken up for hearing. The Ld. Advocate of the complainant raises vehement objection to the MA 111/2022, praying acceptance of WV which has been filed beyond the statutory period. Heard the Ld. Advocates on both sides.

Order of the MA would be passed in the second half.

The MA states that the written version which is filed today should be accepted upon giving proper consideration to the health condition of the OP detailing him to meet his Advocate for preparation of the Written Version. The application is supported by prescription, medicine purchase receipt and paper issued by the Hospital charging bill conducting operation upon the patient. The medical documents appear to be impressive and efficacious to lead us to an inference that he was under treatment on and from 25.05.2022. According to the submission of the Ld. Advocate appearing for the OP, the period up to 27.05.2022 was blessed to be the exemption order issued by the Hon’ble Apex Court in a matter relating to computation of period of limitation. Admittedly, notice was served upon him before 27.05.2022 and the WV had been filed within 45 days from 27.05.2022. The explanation for their omission to file WV earlier than today appeared to be impressive and acceptable one. Therefore, the WV is filed by the OP today is accepted. The MA being no. 111/2022 is thus disposed of.

Fix 09.09.2022 for filing evidence on affidavit by the complainant.  

 

 
 
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 
 
[HON'BLE MR. Partha Kumar Basu]
MEMBER
 

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