DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
M. A. NO-367/2018
C.C. No-252/2018
Date of Filing: Date of Disposal:
05.12.2018 07.12.2018
Complainant :- Smt. Rekha Mukherjee,
Flat No-1B, Triloke Tower
Christian Para, Krishnapur,
Kolkata-700 102, P.S.-Baguiati.
=Vs=
Opposite Party:- M/s. DharitriInfraventure Private Limited,
DN-51, Merlin Infinite, 6th Floor,
Suit No-606, Sector-V,
Salt Lake City, Kolkata-700 091,
P.S.-Salt Lake Electronic Complex.
P R E S E N T
:- Sri. Bankim Chandra Chattopadhyay………..…..President.
:- Smt. SilpiMajumder ……………………………………Member.
:- Smt. Monisha Shaw …………………………………….Member.
ORDER no-03
This order is arising out of the MA being no-367/2018 filed by the Complainant in the C.C. No-252/2018praying for amendment in the cause title of the complaint.
In the application it is stated by the Complainant that due to inadvertence in the cause title of the complaint only Juristic Person has been made party, but the person holding the chair of the said Juristic Person has not been made party. For this reason at the juncture notice could not be served and moreover at the execution stage it will create a great problem and complication. With a view to avoid such complication the Complainant is intending to amend the cause title of the OP by making incorporation of ‘Director’ before the cause title of the OP. According to the Complainant if this application is not allowed, she will suffer irreparable loss and injury and prayer is made by the Complainant for allowing this application.
Upon careful consideration of the application filed by the Complainant it is seen by us that admittedly the Complainant has failed to make party the chair/post of the OP-Company, rather only Company has been made party, who is a Juristic Person. It is hardly possible for the Juristic Person to execute any decree, if any. Therefore we got much substance in the contention of the Complainant and according to us if this prayer is not allowed, adjudication of this complaint cannot be possible in a proper manner. So the prayer of the Complainant should be allowed.
Cont…………………..2
:2:
Hence it is ordered that the MA being no-367/2018 is hereby allowed without any cost.
Fix ………29/3/19……….. for filing amended complaint by the Complainant by making incorporation of ‘Director’ in the cause title of the complaint as prayed for.
Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.
Member Member President
Dictated & Corrected by
