DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

MUCHIPARA, BURDWAN.

Consumer Complaint No 46 of 2015

Date of filing:  10.02.2015                                                                        Date of disposal: 07.7.2015

Complainant:              Md. Ehsan Anwar, S/o. Md. Kamaruddin, 88 (25) G. T. Road, PO: Asansol, PS: Asansol, District: Burdwan, PIN – 713 301.     

-V E R S U S-

Opposite Party:    1.    Mitora Machinex Pvt. Ltd., Plot No. 2903, GI C.C.Phase IV, Vavta, Ahmedabad – 382445.

2.    Sri Sanjay Jain, Authorized Representative, Mitora Mechaniex Pvt. Ltd., 3/1/2A Nakaleshwar Bhattacharjee Lane, Kolkata – 700 026.

Present:   Hon’ble Member:  Smt. Silpi Majumder

                  Hon’ble Member:  Sri Durga Sankar Das

Appeared for the Complainant:    Binay Bhattacharya, Authorized Representative.

Order No. 09, Dated: 07.7.2015

          Complainant files hazira through his authorized representative. Today the case was fixed for taking steps by the complainant for service of notice upon the OP-2.

                    On perusal of the record it is found that vide order dated 24.3.2015 the complainant was directed to take step for service of notice upon the OP 2 within 7 days and the matter was fixed on 21.4.2015 for SR in respect of OP-2. It has also been found that notice sent for service upon the OP-2 returned unserved and the complainant was directed to take appropriate step for service of notice upon the OP-2 fixing 13.5.2015 for taking steps by the complainant for service of notice upon the OP-2. On 13.5.2015 the complainant was again direct to take proper steps for service of notice upon the OP-2 fixing 12.6.2015. On 12.6.2015 as the local bar was refrained from appearing this Forum so the case was adjourned till 01.7.2015. On 01.7.2015 the complainant appeared through an authorized representative with a prayer for taking steps and the matter was fixed on 07.7.2015 for taking steps by the complainant as a last chance.

          Today the complainant also files an application with a request to withdraw the present complaint and to allow him to submit fresh complaint against the same cause of action.

          As the complainant has submitted that he is willing to withdraw the present complaint to file a fresh complaint, we are allowing the same but we cannot allow the complainant to file the fresh complaint with the same cause of action.

          With the above-mentioned observation, hence, it is

O r d e r e d

that the complaint is disposed of on the ground of withdrawal without any cost.

    Dictated and corrected by me.                                                               

                       (Durga Sankar Das)

                               Member

                     DCDRF, Burdwan

                                                         (Silpi Majumder)                         (Durga Sankar Das)

                                                            Member                                            Member   

                                                       DCDRF, Burdwan                           DCDRF, Burdwan