West Bengal

Howrah

MA/121/2018

SRI AYAN BAUR, - Complainant(s)

Versus

M/S Carewell Properties & other - Opp.Party(s)

26 Jun 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM HOWRAH
20, Round Tank Lane, Howrah 711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Miscellaneous Application No. MA/121/2018
( Date of Filing : 26 Jun 2018 )
In
Complaint Case No. CC/344/2017
 
1. SRI AYAN BAUR,
S/O. Late Haradhan Baur, 740, Sarat Chatterjee Road, P.S. Chatterjeehat, Howrah.
...........Appellant(s)
Versus
1. M/S Carewell Properties & other
Represented by the Partners Viz Pradip Kumar Singh and Ramendra Kumar Barman, 254/3/1, Panchanantala Road, P.S. and Dist. Howrah 711101.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Abdul Kuddus PRESIDENT
 HON'BLE MRS. Smt. Banani Mohanta, Ganguli MEMBER
 HON'BLE MR. Sajal Kanti Jana MEMBER
 
For the Appellant:
For the Respondent:
Dated : 26 Jun 2018
Final Order / Judgement

Order No.1                                                            Date 26.06.2018.

Record  is put-up today.

            Complainant files petition to serve summons by substitute serve by making publication in daily newspaper upon O.P. nos.4 to 21.

Let it be registered as M.A. Case No. 121 of 2018.

            Ld. Advocate for the complainant is present.

            This M.A. is taken up for hearing.

            Heard.

Perused the petition and the materials on record.

            It appears that the notices/summons of this case could not be served upon the said O.Ps. in ordinary way as the said O.P.s are keeping themselves out of the way for the purpose of avoiding service of summons of this case upon them.

            In view of above facts and circumstances, we have sufficient reason to believe that the summons of this case could not be served in the ordinary way as o.ps. are keeping themselves out of the way for the purpose of avoiding service of summons upon them.

            In view of the above facts and circumstances we are inclined to allow this petition.

            Hence,

                                    it is,

O r d e r e d

            That the M.A.No.121 of 2018 be and same is hereby allowed.

Complainant is directed to serve summons by substitute service as per provision of Order –V, Rule-20(1A) of C.P.C.

            Service of  summons upon O.P. nos.4 to 21 be made by an advertisement in a Newspaper which shall be a daily Newspaper preferably Bengali Newspaper, circulating in the locality in which the said O.Ps. are last known to have actually and voluntarily resided or carried on business.

            Complainant is directed to submit draft of publication on the date fixed.

To date fix 02.07.2018 for filing draft of publication.

 
 
[HON'BLE MR. Abdul Kuddus]
PRESIDENT
 
[HON'BLE MRS. Smt. Banani Mohanta, Ganguli]
MEMBER
 
[HON'BLE MR. Sajal Kanti Jana]
MEMBER

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