DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

North 24 Pgs., BARASAT

M.A. 55/2024

Arising out in C.C. No./254/2023

Date of Filing:-                            Date of Listing:-              Date of Disposal:-

18.01.2024                                       18.01.2024                         21.02.2024

PRESENT                            :- Shri Daman Prosad Biswas……..President.

:- Shri Abhijit Basu…………Member.

Order No.:09

Dated:- 21.02.2024

Today is fixed for order of M.A. case no. 55/2024. Ld. Advocate for the Complainant is present. Ld. Advocate for the O.P No. 1 & 2 is present. Record is put up for order. Perused the petition dated 18/01/2024 which registered as M.A. /55/2024.

Complainant by filing the said petition prayed for substitution of O.P No. 3 by the legal heirs. He stated in the petition that O.P No. 3 died leaving behind legal heirs namely Kajal Kundu, Shibani Nandi, Uttam Kundu, Goutam Kundu, Srabani Sarkar and Purnima Ghosh. Complainant filed copy of Death Certificate of Kalipada Kundu.

On perusal of record we find that immediately after the death of Kalipada Kundu, Complainant did not take any attempt for substitution of legal heirs of Kalipada Kundu. They filed this petition after a long time.

During hearing Ld. Advocate for the O.P No. 1 & 2 raised no objection.

As no objection has been raised against the said petition, we think that petition should be allowed.

Accordingly, the petition dated 18/01/2024 filed by the Complainant is allowed. The legal heirs mentioned in the petition be substituted in place of O.P No. 3.

To 07/03/2024 for filing amended form of petition of complaint duly signed by the Complainant with affidavit.

M.A. case no. 55/2024 is thus disposed off.

Member                                                      President