West Bengal

North 24 Parganas

MA/84/2024

Mrs Sima Singha Roy,W/o Mr Shyamal Singha Roy - Complainant(s)

Versus

Mrs Dipika Chakraborty (Prop. of M/S Joy Sree Guru Construction) W/o Asjit Kr. Chakraborty - Opp.Party(s)

18 Jul 2024

ORDER

DCDRC North 24 Paraganas Barasat
Kolkata-700126.
 
Miscellaneous Application No. MA/84/2024
( Date of Filing : 15 Mar 2024 )
In
Complaint Case No. CC/78/2020
 
1. Mrs Sima Singha Roy,W/o Mr Shyamal Singha Roy
.
...........Appellant(s)
Versus
1. Mrs Dipika Chakraborty (Prop. of M/S Joy Sree Guru Construction) W/o Asjit Kr. Chakraborty
.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Daman Prasad Biswas PRESIDENT
 HON'BLE MR. Sri Abhijit Basu MEMBER
 
PRESENT:
 
Dated : 18 Jul 2024
Final Order / Judgement

DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 78/2020      

 

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

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

 

Order No.24

Dated. 18.07.2024

 

Today is fixed for hearing the petition dated 15/03/2024 filed by the Complainant which registered as M.A. case no 84/2024.

Ld. Advocate for the Complainant is present. O.P No. 1, O.P No. 3-7 are absent without any steps today. Heard Ld. Advocate for the Complainant. Perused the petition.

On perusal of the said petition we find that O.P No. 2 has expired leaving behind his widow Smt. Dipika Chakraborty and son namely Aradip Chakraborty. He files copy of death certificate.

As per the said death certificate O.P No. 2 Asit Kumar Chakraborty died on 30/03/2023.

During hearing Ld. Advocate for the Complainant submits that Complainant is residing in a far place and for that reason death of O.P No. 2 was not within his knowledge and he could not collect the death certificate in due time and for that reason he did not file the said petition before this Commission earlier.

Moreover other Opposite Parties not yet appear today. Accordingly we find no objection from the side of the Opposite Parties.

Considering the entire matter and for the ends of justice petition is allowed.

Let the legal heirs of Lt. Asit Kumar Chakraborty be substituted in his place.

Complainant is directed to file amended form of petition of complaint by 02/08/2024.

M.A. case no. 84/2024 is thus disposed off.

To 02/08/2024 for filing amended form of petition of complaint.

 

 

Member                                  President

 
 
[HON'BLE MR. Daman Prasad Biswas]
PRESIDENT
 
 
[HON'BLE MR. Sri Abhijit Basu]
MEMBER
 

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