M/S Calcutta Investment Casting Company (P) Ltd. - Complainant(s)
Versus
M/S Chillers. - Opp.Party(s)
1. Mr. T. J. Banerjee, 2. Alok Mukhopadhyay.
05 Oct 2009
ORDER
STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGALBHAWANI BHAWAN (Gr. Floor), 31 Belvedere Road. Kolkata -700027
CONSUMER CASE NO. 09 of 26
1. M/S Calcutta Investment Casting Company (P) Ltd.Plot-Y1, Block-EP, Sector-V, Salt Lake, Kolkata-91. PS. Bidhannagar (East). Rep. by Mr. Chandan Bhattacharya, S/O Sri Subash Bhattacharya, 5/1/2J, Confield Rd. PS. Gariahat, Kolkata-19. West Bengal
...........Appellant(s)
Vs.
1. M/S Chillers.A Proprietor Firm, Rep. by P. Chatterjee, CA-72, Sector-I, Salt Lake City, Kolkata- 700064.West Bengal2. Sri Parashar Chatterjee.S/O Late S.R. Chatterjee, Premises No. CA-72, Sector-1, Salt Lake City, PS. Bidhnagar (East), Kolkata- 700064.West Bengal3. Blue Star Limited.7, Hare Street, Kolkata- 700001.West Bengal
...........Respondent(s)
For the Appellant :
1. Mr. T. J. Banerjee, 2. Alok Mukhopadhyay., Advocate for
For the Respondent :
Mr. Priyankar Deb Sarkar. Mr. Barun Prasad , Advocate
Dated : 05 Oct 2009
ORDER
No. 8/05.10.2009.
Complainant through Mr. Aloke Mukhopadhyay, the Ld. Advocate, O.P. Nos. 1 & 2 through Mr. Priyankar Deb Sarkar and O.P. No. 3 through Mr. Barun Prasad, the Ld. Advocate are present. Mr. Aloke Mukhopadhyay moved an application praying for liberty to withdraw the case with a liberty to file afresh. The ground stated in the application and also argued by Mr. Mukhopadhyay is that one of the Directors of the Complainant is now in London and due to his pre-occupation he will not be able to come to India for a considerable time and the Managing Director is unable to move due to his illness and cannot look after the case.
Considering the said contention we have perused record. It appears that the Complainant was granted first opportunity to file evidence on Affidavit on 04.08.2009 fixing next date 20.08.2009. On the said 20.08.2009 on the prayer for the Complainant for one month’s time, next date was fixed on 03.09.2009 for filing evidence by Complainant. On 03.09.2009 again the Complainant was granted opportunity to file evidence on 05.10.2009 as a last chance.
Therefore, we find that sufficient opportunity has been granted and still then the evidence could not be filed. We are unable to accept that the Director of the Company who is presently in London cannot file evidence utilising the service of the Post Office and other service centres preparing materials taking assistance of his Kolkata office and sending it to Kolkata. The Managing Director has also not been able to show he is unable to do the needful. In any event we do not find any circumstance which justifies granting an opportunity to file a proceeding afresh as prayed for. Therefore, the application is allowed only to the extent of withdrawal of the case and, therefore, the complaint is dismissed treating it as withdrawan without granting any liberty to file a fresh proceeding on the same cause of action.
MR. A K RAY, Member
HON'BLE JUSTICE ALOKE CHAKRABARTI, PRESIDENT
MRS. SILPI MAJUMDER, Member
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