Date of filing: 01.10.2018 Date of disposal: 03.10.2018
Complainant: Aswini Kumar Paul, S/o. Bankim Chandra Paul, resident of Dighir Pool, PO: Nutanganj, PS: Burdwan Sadar, Dist: Purba Burdwan, PIN – 713 102.
Opposite Party: Raju Mondal, S/o. Not Known, resident of Hatudewan, PO: Burdwan -1, PS: Burdwan Sadar, Dist: Purba Bardhaman, PIN – 713 101.
Present:
Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Smt. Nivedita Ghosh.
Hon’ble Member: Dr. Tapan Kumar Tripathy.
Appeared for the Complainant: Ld. Advocate, Suman Bez.
Order No. 12, Dated: 03.10.2018
This order is arising out of the Misc. Application being No. 69/2018 filed by the complainant in the C. C. No. 36/2018 praying for amendment in the cause title of the complaint.
The complainant has stated in the said application after admission of the complaint summon was issued upon the OP several times but the same summons were not duly served. Therefore, the complainant has decided not to send further summon in the present address to the OP as the OP might be intentionally avoiding the summon of the Ld. Forum. So the complainant is praying for amendment in the address of the OP mentioned in the cause title of this complaint, otherwise the complainant will be seriously prejudiced.
Contd….p/2
-:2:-
The Application is heard from the side of the complainant. There is no question for hearing from the other side as the sole Opposite Party has not received the summon and the complainant files this Application for amendment of the address of this sole O.P.
After hearing from the ld. Counsel for the complainant, we are of the view that to proceed with the complaint further, the proper address of the OP is very much necessary, otherwise the summon will not be served upon the OP. So, the Application filed by the complainant should be allowed as per schedule in the Application as the Application is simple and formal in nature and it will not change the nature and character of the case.
Hence, it is
O r d e r e d
that the M.A. being No. 69/2018 be and the same is allowed without any cost.
Let plain copy of this order be supplied to the complainant free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Jayanti Maitra (Ray) DCDRF, Burdwan
President
DCDRF, Burdwan
(Tapan Kumar Tripathy) (Nivedita Ghosh)
Member Member
DCDRF, Burdwan DCDRF, Burdwan