Circuit Bench Asansol

StateCommission

IA/17/2023

Chhanda Roy and another - Complainant(s)

Versus

M/S Manali Construction - Opp.Party(s)

Jayanta Sarkar

17 Apr 2023

ORDER

ASANSOL CIRCUIT BENCH
of
WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION
KSTP COMMUNITY HALL , DAKSHIN DHADKA
ASANSOL, PASCHIM BURDWAN - 713302
 
Interlocutory Application No. IA/17/2023
( Date of Filing : 01 Mar 2023 )
In
Complaint Case No. CC/7/2020
 
1. Chhanda Roy and another
Wife of Apurba Kumar Roy,residing at TISCO,West Bokaro,P.O.Ghato,District-Ramghar,Pin-825314,Ranchi
...........Appellant(s)
Versus
1. M/S Manali Construction
Branch Office at B/19,Arvil Park(Bidhan Park),Ward No-25,P.S.-N.T.P.S.,District-Paschim Bardhaman,Pin-713206
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SUDEB MITRA PRESIDING MEMBER
 
PRESENT:Jayanta Sarkar, Advocate for the Appellant 1
 
NONE
......for the Respondent
Dated : 17 Apr 2023
Final Order / Judgement

HON’BLE MR. SUDEB MITRA, PRESIDING MEMBER 

Order No. : 05

Date : 17.04.2023

Today Is Fixed For Hearing Of The IA/17/2023 In Which The OP M/S. Manali Construction Filed A Petition Dated 01.03.2023 Praying For Calling Witness Of Branch Manager, State Bank Of India Ghatotand Branch, Jharkhand In Respect Of Bank Loan Account Being No. 36959984827 (Borrower Chhanda Roy). After Hearing The Complainant In Connection With Flat No. 5 A On 5th Floor As Annexure (Iii).

By Filing The Instant Petition, The OP Prays For Calling Witness To Branch Manager Of The Concerned Branch Of State Bank Of India To Determine The Truth In The Above Noted Case And To Justify Thereby.

Complainant Raises Strong Objection Against The Instant Petition And Prays For Rejecting The Instant Petition By Making Oral Submission Contending That This Petition Is Ploy Of Waste Of Time And Is Redundant And Documentary Materials Available Are Sufficient To Illucited The Real Point In Controversy And Since The Petition Is Filed At The Belated Stage Of This Complaint Case Remaining For Final Hearing, This Petition Of The OP Deserves No Positive Consideration.

It Appears That On Calls The OP Could Not Be Found In Respect Of The Instant IA. Though This IA/17/2023 Was Filed From The End Of The OP.

Considered.

Perused The Materials On Record In Order To Assess The Bone Of Contentions Of This Case. The Evidence From The Concerned Branch Manager Is Appearing To Be Needed And For That Reason The Instant IA Is Allowed.

Since, It Is Filed At A Belated Stage, The Instant IA/17/2023 Is Allowed With A Cost Of Rs. 500/- (Rupees Five Hundred Only). The OP Is Directed To File Examination-In-Chief On Affidavit Of The Concerned Branch Manager In Connection With The Case.

To 19.05.2023 Is Fixed For Filing Examination-In-Chief On Affidavit By The Concerned Branch Manager, State Bank Of India Ghatotand Branch, Jharkhand By Serving Copy Of The Same To The Other Side So The Other Side May Get The Scope To Make Their Questionnaire On The Basis Of Examination-In-Chief On Affidavit By The Concerned Branch Manager Within Short Notice.

To 19.05.2023 Is Fixed For Filing Examination-In-Chief On Affidavit By The Branch Manager, State Bank Of India Ghatotand Branch, Jharkhand And Payment Of Cost.

Thus, The Instant IA/17/2023 Is Thus Disposed Off Accordingly. 

 
 
[HON'BLE MR. SUDEB MITRA]
PRESIDING MEMBER
 

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