West Bengal

Rajarhat

MA/95/2022

Mr. Vinod Mahato, s/o. Shibnath Mehato - Complainant(s)

Versus

M/s. Nirman Developer - Opp.Party(s)

24 Aug 2022

ORDER

Additional District Consumer Disputes Redressal Commission, Rajarhat (New Town )
Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor
Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161
 
Miscellaneous Application No. MA/95/2022
( Date of Filing : 03 Jun 2022 )
In
Complaint Case No. CC/176/2022
 
1. Mr. Vinod Mahato, s/o. Shibnath Mehato
aaa
...........Appellant(s)
Versus
1. M/s. Nirman Developer
xxx
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
PRESENT:
 
Dated : 24 Aug 2022
Final Order / Judgement

Order No. 04

Written version is filed by the Ld. Advocate appearing for OP 4 and 5 with copy to the Ld. Advocate of the complainant.

On scrutiny on record, it appears that the MA being No. 95/2022 was allowed on 04.07.2022 - although no formal order as to the fate of the miscellaneous application was recorded on that day. Therefore it needs to be mentioned here that the MA being No. 95/2022 stands allowed. The said MA was filed for effecting amendment and amendment was allowed. Amended complaint was also filed.

The track reports filed by the Ld. Advocate of the complainant reveal that service of notice upon the rest Ops could not be effected as the doors of their residences were found locked.

It is submitted by the Ld. Advocate of the complainant with the concurrence of the Ld. Advocate of OP 4 and OP 5 that the rest Ops are avoiding to service of notice tactfully for which the matter related to service of notice still remains pending. The Ld. Advocate of the complainant prays for effecting service of notice by way of paper publication. The Ld. Advocate also files an application to that effect. After hearing the Ld. Advocate on both sides and considering the backdrop as unfolded above we think that service of notice cannot be effected in the ordinary way. Therefore the prayer for service of notice by way of paper publication is allowed.

The Ld. Advocate is directed to publish the notice in either Bartmana or Ananda Bazar Newspaper asking them to appear before this Commission on 16.11.2022.

The Ld. Advocate is also directed to file a copy of newspaper containing the such publication by 16.11.2022.

 
 
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
 

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