Order No.02

The Ld. Advocate appearing for the petitioner/complainant is present.

The Misc. Application is taken up for hearing.

Heard. Perused. Considered.

From the order dated 28.01.2019 passed by the Ld. Consumer Commission, Barasat when the original CC/337/2018 was pending from there it is clear mentioned in the said order that O.P. no.6 is deceased person. That apart order dated 06.01.2023 the present Commission categorically observed that because of death of O.P. no.6 complainant has been directed to take steps for bringing the legal heirs of O.P. no.6.

In pursuant to that order the instant Misc. Application is filed on 02.05.2023 and from the petition under consideration in the question.

The Misc. Application showing the names as many as 4 legal heirs praying to be substituted but facts remain that even if we take the order dated 06.01.2023 passed by this Commission at all then the statutory period of limitation i.e. 90 days has already been over. So, in all fairness the instant Misc. Application is liable to be dismissed.

Accordingly we do that and there should be note in the cause title of original CC case no. RBT/CC/43/2022 against O.P. no.6 as “abated”.

The instant Misc. Application is disposed of.

Dictated and Corrected by

[HON'BLE MR. Shri Sankar Kumar Ghosh]
PRESIDENT