West Bengal

Rajarhat

RA/10/2023

M/s. A. B. Construction - Complainant(s)

Versus

Mr. Asok Kumar Sarkar S/o Late Balai Chand Sarkar - Opp.Party(s)

Adv Amanat Ullah Mridha

23 Aug 2023

ORDER

Additional District 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
 
Review Application No. RA/10/2023
( Date of Filing : 28 Jul 2023 )
In
Complaint Case No. CC/315/2021
 
1. M/s. A. B. Construction
Residijng at 33, Moira Danga Road, Kolkata-700036, P.S- Baranagar, 24 Pgs(N)
...........Appellant(s)
Versus
1. Mr. Asok Kumar Sarkar S/o Late Balai Chand Sarkar
40/2A, Kashi Nath Dutta Road, Kolkata-700002, P.S- Cossipore, 24 Pgs(S)
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Shri Sankar Kumar Ghosh PRESIDENT
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
PRESENT:
 
Dated : 23 Aug 2023
Final Order / Judgement

Order No. 03

Ld. Advocate of the revisionists is present.

Ld. Advocate of the O.Ps. is also present.

The application dated 21.08.2023 of the revisionists praying for condonation of delay in filing review application being no. RA/10/2023 is taken up for hearing.

Heard both sides.

Perused. Considered.

It appears from the application for condonation of delay that Ld. Advocate of the revisionists was late in attending this Commission on 21.06.2023 and by this time, this Commission passed the order dated 21.06.2023. Though the Ld. Advocate of the revisionists appeared later on and filed evidence in chief which is appearing from the order dated 21.06.2023 of CC/315/2021 and it is also mentioned in the said petition that there is 6 days delay which may be condoned for ends of justice. It is also stated in the said petition that there is no intentional and deliberate laches on the part of the revisionists.

Having heard both sides and going through the contents of the application, 6 days delay in filing the RA/10/2023 is considered and accordingly prayer for condonation of delay filed on 21.08.2023 is condoned and allowed.

Accordingly, as the prayer for condonation of delay of the revisionists is allowed and as such on consent of both sides RA/10/2023 is taken up for hearing.

Heard both sides.

Perused. Considered.

From the order dated 21.06.2023 relating to CC/315/2021, it appears that Ld. Advocate of O.P. 1 appeared in late and filed affidavit in chief so, in all fairness, revisionists should be given chance to contest CC/315/2021 for ends of justice.

Inasmuch as, on the date, filed affidavit in chief on behalf of the O.Ps., but O.Ps. filed affidavit in chief but in late. So, in all fairness, the prayer of RA is considered and allowed subject to payment of cost of Rs. 500/- to be paid by the revisionist in favour O.Ps./complainants.

With this observation, the instant RA/10/2023 is disposed of.

 

Dictated and corrected by

[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT

 
 
[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT
 
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
 

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