West Bengal

Hooghly

MA/11/2024

KALLOL MAJUMDER - Complainant(s)

Versus

PRESIDENT OF NBCC VIBGYOR TOWER OWNERS ASSOCIATION AND ORS - Opp.Party(s)

14 Mar 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, HOOGHLY
CC OF 2021
PETITIONER
VERS
OPPOSITE PARTY
 
Miscellaneous Application No. MA/11/2024
( Date of Filing : 15 Feb 2024 )
In
Complaint Case No. CC/129/2023
 
1. KALLOL MAJUMDER
HOOGHLY
HOOGHLY
WEST BENGAL
...........Appellant(s)
Versus
1. PRESIDENT OF NBCC VIBGYOR TOWER OWNERS ASSOCIATION AND ORS
175, N 24 PGS., PIN-700156
N 24 PGS.
WEST BENGAL
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MRS. Babita Choudhuri MEMBER
 HON'BLE MR. Debasis Bhattacharya MEMBER
 
PRESENT:
 
Dated : 14 Mar 2024
Final Order / Judgement

Today is fixed for hearing of the petition which is filed by the OPs for setting aside the order of ex parte hearing. 

This matter has been contested by the Op who is the complainant of CC-129/2023 wherefrom this MA case has been cropped up.

Heard both sides.  Considered submission.

Perused the MA application and written objection.

On close examination of the MA application it appears that cause title of the said application no.11/2024 is defective.  Moreover the applicant side has not filed the certified copy of the impugned order dated.16.9.2023.  This is another defective on the part of the applicant side.   Moreover, the order of ex parte hearing has been passed on 26.9.2023 but this MA application has been filed on 15.2.2024 which is well after one month and this matter is clearly reflecting that the MA application is also barred by limitation.  There is no prayer for the applicant side for condonation of delay.

Considering all the above noted factors this District Commission finds that this MA case has no merit and so it deserves to be rejected.  Thus the MA case is dismissed on contest.  No order is passed as to cost.

The prayer of the OP of CC-129/2023 for setting aside the order of ex parte hearing is also rejected.

In the light of the observation made above this MA case is disposed of.

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MRS. Babita Choudhuri]
MEMBER
 
 
[HON'BLE MR. Debasis Bhattacharya]
MEMBER
 

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