DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
M.A. No – 156/2018
Arising out of the C.C. 463/2017
Date of Filing Date of Disposal
07.06.2018 08.06.2018
Complainant/s :- 1. Rajjita Nag
Flat no- 4A, 4th floor,
Shibalik-ii Apartment,
8/18 Purbapally Sodepur,
P.O- Sodepur, P.S- Khardah,
Pin- 700110
=Vs=
OP/s :- 1. Prasanta Dey
The Proprietor of
M/s N.D. Construction
166, Manik Danga Road,
Ghola, Kol- 700111
2. Sibu Nandi,
The Proprietor of
M/s N.D. Construction
166, Manik Danga Road,
Ghola, Kol- 700111
P R E S E N T :- Sri. Bankim Chadra Chattopadhyay…………….. President.
:- Smt. Silpi Majumder …………………. ………. ……. Member.
Order No- 04
Dated- 08.06.2018
This order is arising out the MA 156/2017 filed by the complainant in the CC No- 463/2017 praying for some amendment in the addresses of the OP 1 and 2 in the cause title of the complaint.
In the application it is stated by the complainant that after admission of this complaint notices were issued to the OPs through the courier service, but the summons could not be served and the same were returned with the endorsement as incorrect address. In the Paragraph no 5 of the petition of the complaint it is specifically stated that the Op had executed and registered the deed of conveyance in respect of the flat in favour of the complainant
Cont…….2/-
:2:
but unfortunately the said registered deed could not be annexed due to inadvertence in the petition of complaint. Therefore it is necessary to amend the address of the OPs by incorporating the new addresses wherein they are presently residing in the cause title of the complaint and the complainant wants to annex the registered deed dated 30.06.2015 in the petition of complaint. According to the complainant if this prayer is not allowed she will suffer irreparable loss and injury and prayer is accordingly made for allowing this application.
As the OPs did not turn up as yet copy of this application need not be served.
We have carefully perused the contented of the application and heard the complainant on this application. It is evident to us that admittedly since admission service of notices upon the OPs have not yet been completed. For this reason the complainant has prayed for incorporation of the address of the OP 1 and 2 in addition to the present addresses in the cause title of the complaint, wherein according to the complainant the Ops are residing at present.
In our view the complainant had fairly submitted to incorporate the addresses of the OPs and until & unless service of notices is completed, we cannot take the complaint for further proceeding. Therefore we have no objection if the prayer of the complainant is allowed. Hence it is ordered that the MA no- 156/2018 is hereby allowed without any cost.
Fix 19.11.2018 for filing amended complaint by the complainant showing the amendment as sought for i.e. incorporation of the two addresses of the OP 2 wherein they are presently residing.
Be it mentioned that they prayer for annexing the registered deed dt. 30.06.2015 in the petition of complaint is also hereby allowed. The complainant shall file amended complaint along with the registered deed dt. 30.06.2015.
Let plain copy be given to the parties, free of cost, as per the Provision of the CPR, 2005.
Member President
Dictated and corrected by
