DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 224/2015    

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

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

Order No.52

Dated.19.02.2024

Today is fixed for hearing the M.A. case no. 51/2024 and 52/2024.

Ld. Advocate for the Complainant is present. Petition dated 08/02/2024 which registered as M.A. case no. 51/2024 is taken up for hearing. Heard Ld. Advocate for the Complainants. Perused the petition dated 08/02/2024. Petitioner No. 1/ Complainant filed the said petition stating that they came to learn the death of O.P No. 2 on 13/11/2023 but they could not file the petition for substitution within 90 days from the date of death. He further stated that O.P No. 2 Anil Paul died on 07/11/2023. He produced copy of death certificate of Anil Chandra Paul. On perusal of the said document we find that death of Anil Chandra Paul has recorded on 04/12/2023 with the note that Anil Chandra Paul died on 07/11/2023.

Complainants stated in the petition that they filed substitution petition relating to death of Anil Chandra Paul but two days delay have done. They prayed for condonation of delay.

Considering the facts and circumstances of this case, prayer for condonation of delay for two days is allowed and aforesaid delay of two days is condoned.

M.A. case no. 51/2024 is thus disposed of.

M.A case no. 52/2024 is taken up for hearing. Heard Ld. Advocate for the Complainants. Perused the petition which registered as M.A. case no. 52/2024. We find that Complainants by filing the said petition prayed for substitution of legal heirs of O.P No. 2 i.e. Anil Chandra Paul. He mentioned the name of the legal heirs as Smt. Jhumur Paul (Wife) and Smt. Simli Paul (Daughter). Said Jhumur Paul and Simli Paul are already on record as O.P No. 3 and 4.

Considering the facts and circumstances of this case and submission of Ld. Advocate for the Complainants prayer for substitution of O.P No. 2 Anil Chandra Paul is allowed.

O.P No. 3 and 4 be treated as legal heirs of deceased i.e. O.P No. 2 e.g. Anil Chandra Paul.

Note in the petition of complaint.

M.A. case no. 52/2024 is thus disposed of.

To 18/04/2024 for filing reply by the Complainant as last chance.

                          Member                                      President