West Bengal

Hooghly

MA/71/2022

MANDIRA GHOSH - Complainant(s)

Versus

M/s Sunrise Construction - Opp.Party(s)

ISITA CHATTERJEE

09 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, HOOGHLY
CC OF 2021
PETITIONER
VERS
OPPOSITE PARTY
 
Miscellaneous Application No. MA/71/2022
( Date of Filing : 02 Nov 2022 )
In
Complaint Case No. CC/88/2019
 
1. MANDIRA GHOSH
37/A, G.T.RD., PO AND PS- RISHRA, PIN-712248
HOOGHLY
WEST BENGAL
...........Appellant(s)
Versus
1. M/s Sunrise Construction
111 santinagar Road,P.O & P.S arpara
HOOGHLY
WEST BENGAL
2. SHIV RATNA SHARMA
111 santinagar Road,P.O & P.S arpara
HOOGHLY
WEST BENGAL
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MRS. Minakshi Chakraborty MEMBER
 HON'BLE MR. Debasis Bhattacharya MEMBER
 
PRESENT:
 
Dated : 09 Feb 2023
Final Order / Judgement

Today is fixed for hearing of the limitation matter and for filing written objection. 

Ld. Advocates of both sides are found ready. 

Heard Ld. Advocates of both sides.  Considered submission.

It appears from the case record that no written objection has been filed against the above noted petition which is filed under section 5 of Limitation Act.

On close scrutiny of the materials of the case records it appears that due to delayed receiving of the death certificate of Purab Kumar Ghosh the applicants failed to file the substitution petition within time and for that reason the applicants have filed this petition for condonation of delay.

After going through the materials of the case records it transpires that there is sufficient reason for delayed file of the substitution petition.

Considering all the above noted factors the prayer for condonation of delay of the applicants is allowed on contest.

Now the substitution petition which is filed by the applicants is taken up for consideration.

Over this issue.  Heard both sides.  Considered submission.

Perused the substitution petition and it appears that there is sufficient ground this prayer for substitution.  In view of this position and for the interest of proper and complete adjudication of the case, the prayer for substitution is allowed.

Let the names of Smt. Mandira Ghosh, W/o Late Purab Kumar Ghosh and Sri Arnab Ghosh son of Late Purab Kumar Ghosh be incorporated in C.C.Case no.88/2019 in place of Sri Purab Kumar Ghosh who is the complainant of the C.C.case .  Let the petition of complaint be rectified and / or amended to this extent.

Thus the M.A case no.71/2022 be and the same is allowed on contest.

Let the case record of M.A case no.71/2022 be tagged with C.C.no.88/2019.

No order is passed as to cost.

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MRS. Minakshi Chakraborty]
MEMBER
 
 
[HON'BLE MR. Debasis Bhattacharya]
MEMBER
 

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.