DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

MUCHIPARA, BURDWAN.

Execution Application No.50/2015

Date of filing:  06.10.2015                                                                    Date of disposal: 04.02.2016

Complainant/Dhr: Mr. Bijoy Chakraborty, S/o. Late Nemai Chandra Chakraborty, resident of

                                   Sujata Tower, Plot No.4/3, S.B. Gorai Road, Near Ambagan Durga Mandir,

                                   P.O.-Asansol, Dist.-Burdwan

-VERSUS-

Opposite Parties/Jdrs.: 1. Oliya Appliances & Ors., S.B. Gorai Road, Hill View, Rashmi Apartment Opp. Of Hill View Nursing Home, Near Children Wonderland School, Asansol, P.S.-Asansol (South), Dist.-Burdwan, Pin-713304, represented by its Manager.

                    2. The Sales Manager, Bajoria Appliances Pvt. Ltd., Bajoria Tower, 20,

                         Chinar Park, Rajarhat, Kolkata, Near VIP Road, Haldiram City,

                         Centre-II, Kolkata-700157.

Present :  Hon’ble President: Sri Asoke Kr. Mandal

     Hon’ble Member :  Smt. Silpi Majumder

                  Hon’ble Member :  Sri Pankaj Kr. Sinha

Appeared for the Complainant/Dhr.:  Subrata Ghosh.

Appeared for the Opposite Party No.1:  Ld. Advocate Sumit Roy.

Appeared for the Opposite Party No.2: None.

Order No. 06, Dated: 04.02.2016

                Today is fixed for hearing of the petition filed by the Jdr. on 11.1.2016.  By filing this petition the Jdr. has prayed to reject the execution proceeding stating inter-alia that in compliance with the final order passed in C.C. No.224/2013, the Jdr. has already delivered the new machine in lieu of defective one and the Dhr. has received the same.  In this connection the Jdr. has filed a receipt dated 14.3.2015, from which it appears that on behalf of the Dhr. new machine was received on 14.3.2015.  In the petition the Jdr. has further submitted that the Dhr. inspite of several requests did not allow the Jdr. to install the same and he has not returned the defective machine.  The Jdr. has further stated that for the fault of Dhr. the Jdr. has failed to install the new machine in his residence.  Today the Dhr. is absent on repeated calls.  On his behalf no steps has been taken.  So, it appears that the Dhr. has lost his interest in this case.

            In the above premises there is no alternative but to dispose of the case by way of dismissal.  Hence, it is

O r d e r e d

that the petition dated 11.1.2016 filed by the Jdr. is allowed and accordingly the execution application No.50/2015 is dismissed. 

Let the copies of this order be supplied to the parties free of cost.

                       (Asoke Kr. Mandal)        

             Dictated and corrected by me.                                                           President       

                                                                                                                    D.C.D.R.F., Burdwan

                   (Asoke Kr. Mandal)                     

                           President

                   D.C.D.R.F., Burdwan

                                          (Silpi Majumder)                                         (Pankaj Kr. Sinha)

                                               Member                                                             Member    

                                       D.C.D.R.F., Burdwan                                    D.C.D.R.F., Burdwan