DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
M.A. No. 37/2019
Arising out of C.C. No-563/2016
Date of Filing: Date of Disposal:
15.01.2019 15.01.2019
Complainant:- 1. Bijoy Dasgupta,
S/o. Late Sachindra Nath Dasgupta,
H/1/32, S.L. Sarani, P.O. Aswininagar,
P.S. Baguiati, Kolkata-700159.
2. Smt. Gouri Dasgupta, W/o. Late Binoy Dasgupta
3. Smt. Chandrani Sengupta nee Dasgupta,
W/o. Indrajit Sengupta.
4. Smt. Indrani Sengupta, W/o. Kishalay Sen Sarma,
all of H/1/35, S.L. Sarani, P.O. Aswininagar,
P.S. Baguiati, Kolkata-700159.
=Vs=
Opposite Parties:- 1. M/s. Asuga Construction & Trading (Pvt) Ltd,
having its regd. office at Aakash, S.L. Sarani,
P.S. Baguiati, Kolkata-700159.
2. Sukhil Kr. Kundu, S/o. Late Jogendra Nath Kundu,
Narayantala Ghoshpara, 28, Rajarhat Gopalpur Rd,
P.O. Deshbandhunagar, P.S. Baguiati, Kolkata-59,
and also resides at Sristy Apartment, GA-5,
Rabindra Pally, P.O. Jyangra, P.s. Baguiati, Kol-59
(Managing Director of M/s. Asuga Construction
& Trading Pvt. Ltd)
3. Tapas Ghosh, S/o. Late Paritosh Ghosh,
HB/10/2, Janapath, Aswininagar, P.S. Rajarhat,
Kolkata-700059.
PRESENT :- Smt. Silpi Majumder ……………………………Member.
:- Smt. Monisha Shaw …………………………………….Member.
Order No-17
This order is arising out of the MA being no-37/2019 filed by the Complainants praying for expunging the name of the Complainant no-2 from the cause title of the complaint as during pendency of this complaint the Complainant-2 has expired on 19.10.2018 leaving behind Smt. Chandrani Sengupta nee Dasgupta, being the Complainant no-3 and Smt. Indrani Sen Sarm, being the Complainant no-4 as her legal heirs and representatives. As the said legal heirs are already on record, hence the name of the Complainant no-2 need not be substituted by he legal heirs and representatives. According to the Complainants if this application is not allowed, the Complainant will suffer irreparable loss and injury and prayer is made by the complainant for allowing this application.
Upon receipt of the application the Ld. Counsel for the OPs has raised vehement objection stating that on earlier date on similar ground time was taken and today also by filing this application time have been sought for by the Complainants. It was the duty of the Complainant to file such type of application on the earlier date, but without doing so; the Complainants have obtained a very dilatory tactics for which the OPs have to face serious trouble. According to the OPs this application is liable to be dismissed.
Upon perusal of the content of the application it is seen by us that admittedly during pendency of this complaint the Complainant-2 has expired on 19.10.2018. The Complainants have annexed the photocopy of the death certificate of the Complainant no-2. Within 90 days from the date of death of the Complainant no-2 the other Complainants being the Complainant no-3 and 4 as the legal heirs and representative of the deceased Complainant have filed this application praying foe expunging the name of the Complainant-2 from the cause title of the complaint. According to the applicants the Complainant-3 and 4 are the legal heirs of the deceased Complainant-2 and hence apart from the said legal heirs there are/is no other legal heir/s of the deceased, so the name of the deceased Complainant-2 is required to be expunged from the cause title of the complaint. We got much substance in the averment of the legal heirs and we are of the opinion that the prayer as made out in the MA-37/2019 should be allowed.
Hence it is ordered that the MA being no-37/2019 is hereby allowed on contest without any cost. Fix 10.04.2019 for filing amended complaint showing expunge of the name of the Complainant no-2 in the cause title of the complaint.
Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.
Member Member
Dictated & Corrected by
