DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 380/2022    

P R E S E N T                :- Sri Daman Prosad Biswas………President.

                                       :- Sri.  Abhijit Basu………………. Member.

Order No.10

Dated.19.03.2024

Today is fixed for hearing the petition dated 14/12/2023 filed by the Complainant which registered as M.A. case no. 194/2023. Said petition is taken up for hearing. At this stage Ld. Advocate for the Complainant not pressed the same. Said petition is rejected being not pressed.

M.A. case no. 194/2023 is thus disposed off.

Today is also fixed for hearing the petition dated 14/12/2023 filed by the Complainant regarding direction upon the O.Ps to provide the details of Legal Heirs of O.P No. 6 and 9 which registered as M.A. case no. 195/2023. Said petition is taken up for hearing. At this stage Ld. Advocate for the Complainant not pressed the same. Said petition is rejected being not pressed.

M.A. case no. 195/2023 is thus disposed off.

Ld. Advocate for the Complainant files a petition supported by affidavit praying for paper publication in respect of O.P No. 3. Ld. Advocate for the Complainant is present. Ld. Advocate for the O.P No. 1,2,4 & 5 are absent without any steps.

As O.P No. 1,2,4 & 5 are absent  today copy not served upon them. Said petition is registered as M.A.91/2024. Said petition is taken up for hearing. Hd. Ld. Advocate for the Complainant.

Ld. Advocate for the Complainant submits that notice was sent to O.P No. 3 but same has not served upon him. O.P No. 3 intentionally avoiding the process of this Commission.

Perused record. There is a reason to believe that O.P No. 3 is avoiding the notice of this Commission.

Accordingly, the petition filed by the Complainant which registered as M.A. case no. 91/2024 is allowed.

Complainant is permitted to arrange paper publication in respect of O.P No. 3 in a State-wise widely circulated daily newspaper.

To 14/05/2024 for filing draft for paper publication.

M.A case no. 91/2024  is thus disposed off.

At this stage Ld. Advocate for the Complainant files another petition under order XI rule 2 r/w Section 151 of C.P.C. As O.P No. 1,2,4 & 5 are absent  today copy not served upon them.

Said petition is registered as M.A. case no. 92/2024. Said petition is taken up for hearing. Hd. Ld. Advocate for the Complainant. Perused the petition.

Contd. To Page No. 2 . . . ./

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C.C. No. 380/2022

During hearing Ld. Advocate for the Complainant submits that inspite of several attempts he could not collect the details of O.P No. 6 & 9 as they are residing in a far place and in this situation order of interrogatories is highly essential.

Having considered the entire matter and considering the submission of the Ld. Advocate for the Complainant we think that petition should be allowed.

Accordingly, the petition for interrogatories is allowed.

O.P No. 7 & 8 are directed to submit reply with affidavit relating to the aforesaid petition positively on 14/05/2024.

As O.P No. 7 and 8 are not taking any steps after filing of W/V, so notice should be sent to them.

O.P No. 7 & 8 are hereby directed to submit reply positively on 14/05/2024.

Complainant is directed to submit requisites forthwith.

To 14/05/2024  for further order.

M.A. case no. 92/2024 is thus disposed off.

Member                                            President