West Bengal

Bankura

MA/26/2017

Suman Ghosh - Complainant(s)

Versus

Mr. kalidas Mukherjee - Opp.Party(s)

Gobinda Ghoshal

20 Jul 2017

ORDER

BANKURA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KUCHKUCHIA ROAD, SUREKA BHAWAN
BANKURA-722 101,
WEST BENGAL
OFFICE-03242-255792
 
Miscellaneous Application No. MA/26/2017
In
Complaint Case No. CC/45/2017
 
1. Suman Ghosh
Vill-Khag, P.O-Panchal, P.S-Sonamukhi
Bankura
West Bengal
...........Appellant(s)
Versus
1. Mr. kalidas Mukherjee
Beliatore College para Bankura
Bankura
West Bengal
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE ABDUL KUDDUS PRESIDENT
 HON'BLE MR. Tapan Kumar Tripathy MEMBER
  Rina Mukherjee MEMBER
 
For the Appellant:Gobinda Ghoshal, Advocate
For the Respondent:
Dated : 20 Jul 2017
Final Order / Judgement

Today is fixed for “ADMISSION HEARING”.

Ld. Advocate for complainant files his hazira.

Case is taken up for admission hearing.

Ld. Advocate for complainant submits that this  petition of complaint has been filed along with petition u/s 24 A of C.P.Act,for condonation of delay.

Let petition u/s 24 A of C.P.Act read with Sec.5 of limitation for condonation of delay in filing this petition of complaint be registered as Misc. Case No.-26/2017.

Misc. Case is taken up for hearing.

Hd. Ld. Advocate for complainant perused the petition of complaint and petition u/s 24 A of C.P.Act read with Sec.5 of limitation and filed for condonation of delay in filing this petition of complaint.

It has been observed by Hon’ble National Commission reported in 2017 ( 1) CPR page 231 (N.C.) inter alia that “it is the duty of Consumer Forum to examine the issue of limitation before Consumer Complaint”.

In view of above facts and circumstances  we do not like to admit this complaint  before exemption of issue as set out in petition for condonation of delay filed u/s 24 A of C.P.Act, without giving an opportunity of being heard to other sides/O.Ps.

Accordingly issue notice calling upon the OPs to show cause by the date fixed as to why the petition filed by complainant u/s 24 A of C.P.Act,1986 read with Sec.5 of limitation Act, shall not be allowed.

Copy of petition of complaint along with its documents, copy of petition filed u/s 24 A of  C.P.Act along with show cause notice be served upon all Ops.

Complainant is directed to file requisite by Seven (7) days.

Fix 28-08-2017 for S.R./A.D. and show cause by Ops. 

 
 
[HON'BLE MR. JUSTICE ABDUL KUDDUS]
PRESIDENT
 
[HON'BLE MR. Tapan Kumar Tripathy]
MEMBER
 
[ Rina Mukherjee]
MEMBER

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