West Bengal

Rajarhat

MA/45/2020

Ms. Mina Dey - Complainant(s)

Versus

Nestwood Estates Pvt. Ltd. - Opp.Party(s)

Mr. Arup Basak

28 Dec 2020

ORDER

Additional 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/45/2020
( Date of Filing : 07 Dec 2020 )
In
Complaint Case No. CC/83/2020
 
1. Ms. Mina Dey
a
...........Appellant(s)
Versus
1. Nestwood Estates Pvt. Ltd.
a
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MRS. Silpi Majumder MEMBER
 
PRESENT:Mr. Arup Basak, Advocate for the Appellant 1
 
Dated : 28 Dec 2020
Final Order / Judgement

The Ld. Counsel for the Complainants is present. Today is fixed for S/R and appearance of the OPs and the Complainant and filing written version by the OPs.

On 07.12.2020 the Complainants have filed one application which is registered as MA-45/2020. As the notices were not issued upon the OPs and they did not appear in this matter, hence question for servicing the said MA upon the OPs does not arise at all.

It is seen by us that by filing the MA the Complainants have prayed for withdrawal of the present compliant on the ground of its pecuniary jurisdiction, subject to giving them liberty to file afresh.

Upon considering the contention of the MA we are of the opinion that as the Complainants are inclined to withdraw the present complaint, there is no bar for allowing the prayer as made out by the Complainants in the MA-45/2020.

Hence it is ordered that the MA-45/2020 is hereby allowed and consequently the CC/83/2020 is also dismissed as withdrawn, subject to giving the Complainants liberty to file afresh, is not barred otherwise.

As the complaint is withdrawn, hence the Complainants are entitled to get return of the copy of the complaint and copies of the documents as filed by them at the time of filing this compliant from the competent authority of this Ld. Commission and for this purpose the Complainants are directed to make a separate application before the said authority. The competent authority is hereby directed to take step so that the Complainants can get return of the copy of the compliant and other related documents without any further delay in accordance with law.

Let plain copy of this final order be given to the Complainants free of cost as per the CPR.

 

Dictated and Corrected by

 

Hon’ble Mrs. Silpi Majumder

Member

 
 
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 
 
[HON'BLE MRS. Silpi Majumder]
MEMBER
 

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