DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 301/2022    

P R E S E N T                :- Sri Daman Prosad Biswas………President.

                                       :- Sri.  Abhijit Basu………………. Member.

Order No.09

Dated.22.01.2024

Today is fixed for hearing the petition filed by O.Ps dated 11/10/2023 which is registered today as M.A. 42/2024.

Ld. Advocate for the Complainant is present. Ld. Advocate for the O.Ps is present.

Petition it taken up for hearing. Heard both sides. Ld. Advocate for the O.Ps submits that at the time of filing W/V some vital statement had left out. Now the O.Ps want to include the same in the W/V and for that reason O.Ps want to file additional W/V.

Ld. Advocate for the Complainant raised objection.

During hearing for the Ld. Advocate for the O.Ps failed to show any provision under which they can file additional W/V.

We have carefully gone through the Consumer Protection Act, 2019 and necessary rules and regulations which have framed under the Consumer Protection Act, 2019.

We find that there is no such provision for filing additional W/V in the aforesaid act, rules and regulations.

 Considering the facts and circumstances of this case we find that aforesaid petition is devoid of merits.

Hence,

                             It is

                                       Ordered

That the petition dated 11/10/2023 filed by O.Ps is considered and rejected but without any order as to costs.

M.A. Case No. 42/2024 is thus disposed of.

Today is also fixed for hearing the petition dated 11/10/2023 which registered as M.A. case no. 179/2023.

Ld. Advocate for the Complainant is present. Ld. Advocate for the O.Ps is present.

Petition dated 11/10/2023 which registered as M.A. case no. 179/2023 is taken up for hearing. Heard both sides. Ld. Advocate for the O.Ps submits that present case is not maintainable because prayer no. C of petition of complaint is not maintainable. In reply Ld. Advocate for the Complainant submits that as the O.Ps were delaying to supply the necessary documents relating to bank loan, he compelled to make such prayer.

We have carefully gone through the record. Ld.
Advocate for the O.Ps failed to produce necessary documents in support of the fact that they are not liable for deficiency in service.

In this situation we find that aforesaid petition, filed by O.Ps is devoid of merits.

Hence,

                             It is

                                       Ordered,

That the petition dated 11/10/2023 filed by the O.Ps which registered as M.A. 179/2023 is considered and rejected but without any order as to costs.

However, liberty is given to the O.Ps to raise the point of non-maintainability at the time of final hearing / argument of this case.

M.A. Case No. 179/2023 is thus disposed of.

To 18/04/2024 for filing questionnaires by O.P No. 1-3.

                          Member                            President