Date of filing: 06.03.2007 Date of disposal: 22.01.2019
Complainant: Nur Mahammad Mallick, Vill: Lohapota, PO: Gourdanga, PS; Katwa, District: Burdwan.
- V E R S U S -
Opposite Party: 1. Expunged the name of M/s. Rabindranath Koner.
2. S.A.S. Motors Ltd., service through its Manager, having its office at 117/A, Sainik Forums Defense Enclave, New Delhi – 110 062.
3. Paschim Banga Gramin Bank, SINGHEE Branch, service through its Branch Manager, having its office at Vill. & PO: Singhee, District: Burdwan.
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Arup Kumar Mondal.
Appeared for the Opposite Party No. 2: Ld. Advocate, Subrata Ghosh.
Order No. 89, Dated: 22.01.2019
Today is fixed for filing show cause by the complainant and hearing argument positively.
Ld. Counsel for the OP-2 is present by filing hazira. No step taken by the complainant. None is present on behalf of the complainant during its call.
It is evident from the record that this Forum passed Judgement/Final Order on 16.08.2013 allowing in part on contest against the OP-2 & 3 with cost.
Being aggrieved with the order passé by this Forum on 16.08.2013 in C.C. No. 19/2007, an appeal was preferred by the Ops before the Hon’ble SCDRC, WB being First Appeal No. FA/1191/2013 and the Hon’ble SCDRC, WB has been pleased to set aside the impugned Judgement/Final Order and direct this Forum to rehear and dispose of the same according to law after giving the parties an opportunity of being heard and after adducing evidence, if any. Specific direction was given to the parties to appear before this Forum on 27.06.2017 and sent the case back on remand to this Forum for adjudication afresh.
Thereafter, notices were issued upon the Ops and the OP-2 appeared through ld. Advocate but the summon returned unserved upon OP-1. Complainant submitted that he is not willing to adduce any further evidence in this case. Complainant was directed to take step upon OP-1 afresh. Thereafter complainant filed a letter with postal receipt and postal track report. The case was fixed for filing questionnaires on expert report by the Ops. OP-2 filed questionnaires and the reply was also received from the Ld. Expert by this Forum and the matter was fixed for hearing argument on 17.08.2018. On 17.08.2018, no step taken by the complainant and date was fixed on 28.09.2018. On 28.09.2018, complainant filed petition praying another date for hearing argument and is considered and allowed fixing 03.12.2018 for hearing argument positively. On 03.12.2018, no step taken by the complainant and the complainant was directed to show cause as to why the case shall not be dismissed against him fixing 22.01.2019 for filing show cause by the complainant and hearing. Today the complainant is neither present nor files any show cause as to why the case shall not be dismissed for default.
It is evident from the record that the complainant is very much reluctant after the case is sent back on remand to this Forum to take steps for disposal of the case in time. Therefore, we are of the opinion anyhow the complainant has lost interest to contest the case. So, the complaint should be dismissed for default.
Hence, it is
O r d e r e d
that the Consumer Complaint being No. 19/2007 be and the same is dismissed for default against the Ops. without any cost.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Tapan Kumar Tripathy) DCDRF, Burdwan
Member
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
