DIST. CONSUMER  DISPUTES  REDRESAL  FORUM

                                        NORTH 24 Pgs BARASAT.

                                                     M.A.No.38/2018

                                                     C.C. No. 536/2016

   Date of Filing:                                                        Date of Disposal:

   08.02.2018                                                            13.02.2018           

    Complainant                        = Vs. =                       Opposite Parties

Mrs. Aparna Rani Dey,                                  1. M/s. Godrej and Boyce Manufacturing Co. Ltd

 W/o. Tapan Kumar Dey,                              Regional Unit No. 109, Tower-2, Godrej Waterside

 Moonbeam Apartment,                               Plot No.5, Salt Lake, D.P. Block, P.S. Salt Lake

Flat M/8/C/12, New Town,                           Electronic Complex, Sector-V, Kolkata-91 and

Action Area II-C,                                            having its regd. Office at Pirojshanagar, Vikhroli,

 Kolkata- 700161.                                           Mumbai-400079, Maharashtra.

                                                                        2. Mr. Raja Bhattacharjee,

Prop. of M/S. R. S. Systems

                                                                        4/69, A/1, Vidyasagar Colony,

Kol-700047.

  P R E S E N T       :-Sri. Bankim Chandra Chattopadhyay………….President.

                                 :- Smt. Silpi Majumder…………………… Member.

                                                                   Order No. 11

This order is arising out of the M.A. being No-38/2018 filed by the Complainant in the C.C. No- 536/2016 praying for amendment in the address of the OP-1 in the cause title of the complaint.

It is stated in the application that after admission of this complaint notices were served upon the OPs. Notice was duly been received by the OP-2, but the same was not found satisfactory in respect of OP-1 as per the track report of the postal department. Subsequently, the Complainant after getting liberty and permission from this Ld. Forum published the notice in respect of the OP-1 in the daily newspaper. On earlier occasion the address of the OP was inserted in the petition of complaint as per the information of the OP-2 being one of the office addresses of the OP-1. Subsequently, on 01.09.2017 the OP-1 appeared before this Ld. Forum and by filing an application it was stated by the OP-1 that the address as mentioned in the complaint is not correct one. Therefore, in order to avoid any kind of further inconvenience the Complainant has filed this application praying for amendment in the cause title in respect of the OP-1 in the petition of complaint. According to the Complainant, if this prayer is refused the Complainant will suffer irreparable loss and injury and the prayer is made by the Complainant for allowing this application.

Upon receipt of the copy of the application the OP-1 raised vehement objection stating that the complaint should be vigilant at the time of filing of the complaint making allegation against the OPs as in the case in hand the complaint has been filed against the OPs mentioning wrong address of the OP-1. The OP-1 got knowledge from their website that the instant complaint has been filed by the Complainant and thereafter appeared before this Ld. Forum praying direction to the Complainant for correction in the address of the OP-1 and subsequently the OP-1 has filed written version. It is stated by the OP-1 that till date no written notice have yet been received by it, in spite of this with a view to help the Ld. Forum and expedite the matter the OP-1 has appeared and filed its W.V. In spite of showing such good gesture cost was imposed on it to the tune of Rs. 500/- due to delay in filing the written version. According to the OP-1, such practice of the Complainant should be stopped and the prayer is made by the OP-1 to give direction to the Consumers/ Complainants to file any complaint mentioning the correct address of the OPs in the cause title of the complaint, otherwise the interest of the OPs will be seriously prejudiced. According to the OP-1, this application should not be allowed and prays for dismissal of this application.

We have carefully perused the content of the application and her verbal objection of the OP-1 thereto and both parties have advanced their respective argument on this application. We got much substance in the argument of the Ld. Counsel for the OP-1. In spite of this in the interest of Natural Justice, we are inclined to allow the prayer for amendment in the address of the OP-1 in the cause title of the complaint. The Complainant has prayed for deletion of the earlier address and in that place insertion of the following address such as branch office at Plot No. 30, G. N. Block, Salt Lake City, Sector-V, Kolkata- 700091, West Bengal.

Hence it is ordered that the M.A. being no- 38/2018 is hereby allowed on contest without any cost.

Fix 21.05.2018 for submitting the amended complaint showing amendment in the address of the OP-1 in the cause title of the complaint.

Let plain copy of this order be given to the parties free of cost as per CPR, 2005.

Member                                                                                 President

Dictated and corrected by