West Bengal

StateCommission

RP/48/2019

Bandari Automobiles Pvt. Ltd. - Complainant(s)

Versus

Partha Adak & Others - Opp.Party(s)

Mr. Sasanka Kr. Mandal

19 Sep 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Revision Petition No. RP/48/2019
( Date of Filing : 24 Apr 2019 )
(Arisen out of Order Dated 24/01/2019 in Case No. Complaint Case No. CC/290/2017 of District Howrah)
 
1. Bandari Automobiles Pvt. Ltd.
Office at Argori, NH-6, No.3, Jalan Gate, P.O. Andul Mouri, P.S. Sankrail, Dist. Howrah, Pin - 711 302.
...........Appellant(s)
Versus
1. Partha Adak & Others
S/o Sri Subhas Chandra Adak, Jagacha, Sundarpara, P.S. Jagacha, Dist. Howrah, Pin - 711 112.
2. Sri Joydip Kar, Br. Manager, Bhandari Automobiles Pvt. Ltd.
Argori, NH-6, No.3, Jalan Gate, P.O. Andul Mouri, P.S. Sankrail, Dist. Howrah, Pin - 711 302.
3. Sri Tushar Pal, Sales Executive, Bhandari Automobiles Pvt. Ltd.
S/o Lt. Prahlad Pal, Uttar Mouni, Paulpara, near Keshab Chandra Buniadi School, P.O. Andul Mouri, P.S. Domjur, Dist. Howrah, Pin - 711 302.
4. Mithilesh Tiwary, agent, Cholamandalam MS General Insurance Co. Ltd. Bhandari Automobiles Pvt. Ltd.
Argori, NH-6, No.3, Jalan Gate, P.O. Andul Mouri, P.S. Sankrail, Dist. Howrah, Pin - 711 302.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. AJEYA MATILAL PRESIDING MEMBER
 HON'BLE MR. NITYASUNDAR TRIVEDI MEMBER
 
PRESENT:Mr. Sasanka Kr. Mandal, Advocate for the Petitioner 1
 Chandan Kr. Mondal. Satyajit Mahato., Advocate for the Respondent 1
 Mr. Aniruddha Lahari., Advocate for the Respondent 1
Dated : 19 Sep 2024
Final Order / Judgement

Hon`ble Mr. Ajeya Matilal, Presiding Member

 

Ld. Counsel appearing for the Revisionist/Petitioner is present.

Ld. Counsels appearing for the Respondent No. 1 and Respondent Nos. 2&3 are present.

Today is fixed for final hearing of the Revision Petition.

The Revision Petition is taken up for hearing.

Perused the impugned order.

Heard the submissions of the Ld. Counsels.

It appears from the impugned order that vide Order no. 9 dated 24.01.2019 passed by the Ld. DCDRC, Howrah in CC case no. 290/2017 on that day the Complainant filed written examination-in-chief supported by affidavit but OP did not take any steps. Ld. Commission below opined that the matter should proceed ex parte against the OPs.

Heard all sides.

Considered.

We are of the view as the OPs are interested to proceed with the complaint case before the Ld. Commission below an opportunity should be given to them.

Accordingly, the RP being no.48/2019 is allowed subject to payment of cost of Rs. 500/- payable to each Respondents.

The parties are directed to appear before the Ld. Commission below on 27.11.2024 after paying cost as mentioned.

The impugned order is set aside.

Both sides have already exchanged their BNAs. Let it be kept with the record.

Ld. Commission below is requested to dispose of the case in accordance with law after giving an opportunity of being heard to both sides.

Let a copy of this order be sent down to the Ld. Commission below.

RP being no. 48/2019 is disposed of.

Note accordingly.

 

 
 
[HON'BLE MR. AJEYA MATILAL]
PRESIDING MEMBER
 
 
[HON'BLE MR. NITYASUNDAR TRIVEDI]
MEMBER
 

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