DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 99/2023    

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

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

Order No. 11

Dated. 01.03.2024

            Today is fixed for hearing the M.A. case no. 45/2024. Ld. Advocate for the Complainant is present. Ld. Advocate for the O.P 1-3 is present.

            O.P No. 4 files a petition praying for adjournment. None moved the said petition at the time of hearing. None appears on behalf of O.P No. 4 on repeated calls when the matter is taken up for hearing at 2:20 P.M.

            Accordingly, we do not find any reason to allow the said petition. Hence, the petition is rejected.

            M.A. case no. 45/2024 is taken up for hearing. Heard both sides.

            O. P No. 1-3 files a W/O against the petition which registered as M.A. case no. 45/2024. Copy served. Heard both sides.

            During hearing Ld. Advocate for the Complainant produced two documents which contained death information of Complainant No. 1 on 28/10/2023.

            During hearing Ld. Advocate for the O.P No. 1-3 submits that in the petition name of Complainant No. 1 who has died (as per petition) has mentioned. In the affidavit, there is no signature in the place of Deponent. In the affidavit name of death person has mentioned as Deponent. In the affidavit there is a reference of para no. 1-18 but aforesaid petition contains only two paragraphs.

            After completion of hearing, Ld. Advocate for the Complainant expressed his intension to not press the petition. Ld. Advocate for the O.P No. 1-3 raised strong objection because hearing has already been completed.

            We have carefully gone through the aforesaid petition. We find the merit in the submission of Ld. Advocate for the O.P No. 1-3. We failed to understand as to how the Notary Public put his seal and signature over the affidavit where there is no signature of Deponent in the affidavit.

            All the aforesaid defects are not curable.

            In this situation, we have no other alternative but to dismiss the aforesaid petition.

            Hence,

                                    It is,

                                                Ordered,

            That the petition dated 06/02/2024 filed on behalf of Complainants which registered as M.A. case no. 45/2024 is considered and rejected.

            Thus, the M.A. case no. 45/2024 is thus disposed of.

            To 29/05/2024 for filing questionnaires by the O.Ps.

                              Member                                                              President