West Bengal

StateCommission

FA/492/2013

The Genis India Pvt. Ltd. - Complainant(s)

Versus

Modern Diagnostic & Nursing Home - Opp.Party(s)

Mr. P. K. Giri

10 Sep 2014

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
FA No: 492 Of 2013
(Arisen out of Order Dated 11/04/2013 in Case No. EA/14/2012 of District Birbhum DF, Suri.)
 
1. The Genis India Pvt. Ltd.
19, R.N. Mukherjee Road, Main Building, 2nd floor, Kolkata - 700 001.
...........Appellant(s)
Versus
1. Modern Diagnostic & Nursing Home
Prop. Smt. Mallika De, W/o G.S. Dey, Dangalpara, P.O. & P.S. - Suri, Dist. Birbhum.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. DEBASIS BHATTACHARYA PRESIDING MEMBER
 HON'BLE MR. JAGANNATH BAG MEMBER
 
For the Appellant:Mr. P. K. Giri , Advocate
For the Respondent: Ms. Binota Roy., Advocate
ORDER

Order no. 10  dt. 10-09-2014                          

Ld. advocates for the parties are present. The appeal is taken up for hearing. 

Ld. advocate for the appellant submits that the principal amount, as ordered, has already been paid but there was some delay in complying with the order. So, they prayed for waiving off the interest amount.

Ld. advocate for the Respondent, on the other hand, makes out simpliciter that the Final Order of the ld. District Forum in Case No. 61/2010 dt. 24-02-2012 has attained finality due to non-appeal by any of the parties including this appellant. There is, as such, no escape from the liability endowed with the OP no. 1, who happens to be the appellant here. In fact, the Final Order was declared on 24-02-2012, while the cheque towards payment was made on 03-10-2012 i.e. about 8 months hence.

It is found that this appeal has been preferred u/s 27A of the Consumer Protection Act. There seems to be no option but to carry out the final order of the ld. District Forum passed on 24-02-2012, which has attained finality. There is no scope at all resting in this appeal to interfere or to make any intervention with such order. Accordingly, there is hardly any merit in the present appeal.

In the result, the appeal fails. 

Hence,

            ORDERED

that the appeal be and the same is dismissed on contest against the Respondent, but in the facts and circumstances of the case without any order as to cost. The impugned order is hereby affirmed.

 
[HON'BLE MR. DEBASIS BHATTACHARYA]
PRESIDING MEMBER
[HON'BLE MR. JAGANNATH BAG]
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.