West Bengal

Kolkata-I(North)

MA/123/2022

Ms. Monikuntala Bowra and another - Complainant(s)

Versus

Recovery nursing Home Pvt. Ltd. and 3 others - Opp.Party(s)

09 Jan 2023

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Miscellaneous Application No. MA/123/2022
( Date of Filing : 09 Sep 2022 )
In
Complaint Case No. CC/232/2021
 
1. Ms. Monikuntala Bowra and another
D/o Late Barindra Nath Bowra, Flat AIGD3, Niva Park, Phase - 3, Brahmapur, Kolkata - 700096.
2. Sri Padmanava Bowra
S/o Late Barindra Nath Bowra, Flat AIGD3, Niva Park, Phase - 3, Brahmapur, Kolkata - 700096.
...........Appellant(s)
Versus
1. Recovery nursing Home Pvt. Ltd. and 3 others
Respective Directors, 15/1, Jatindra Mohan Avenue, P.S. - Girish Park, Kolkata - 700006.
2. Sri Sukumar Barat
One of the Directors of Recovery Nursing Home Pvt. Ltd., 15/1, Jatindra Mohan Avenue, P.S. - Girish Park, Kolkata - 700006.
3. Sri Sushil Kumar Agarwal
One of the Director of Recovery Nursing Home Pvt. Ltd., 15/1, Jatindra Mohan Avenue, P.S. - Girish Park, Kolkata - 700006.
4. Dr. Moinak Mondal
Attached to Recovery Nursing Home Pvt. Ltd., 15/1, Jatindra Mohan Avenue, P.S. - Girish Park, Kolkata - 700006.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MR. Sailaranjan Das MEMBER
 HON'BLE MRS. Maitreyee Chakraborty MEMBER
 
PRESENT:
 
Dated : 09 Jan 2023
Final Order / Judgement

Order no. 3              09.01.2023

Ld. Advocate for the petitioner/opposite party no.4 is present.

Ld. Advocate for the complainant is also present.

The Misc. Application under section 40 of Consumer Protection Act, 2019  is taken up for hearing.

Perused. Considered. Heard both sides.

The petitioner/opposite party no.4 has prayed for review of order dated 12.08.2022 by filing the Misc. application dated 09.09.2022 under section 40 of Consumer Protection Act, 2019 well within the statutory period.

Ld. Advocate for the petitioner/opposite party no.4 submits that the petitioner/opposite party no. 4 appeared in CC/232/2021 and filed W/V on 27.12.2021. Therefore, the complaint case cannot be heard ex-parte against him.

So, the order dated 12.08.2022 passed by the Commission may be reviewed by allowing the opposite party no. 4 to contest the complaint case.

On perusal of the record of CC/232/2021 it appears that the opposite party no. 4 filed Written Version on 27.12.2021. Thereafter, on 24.02.2022, 04.04.2022, 20.05.2022 and 12.08.2022 the opposite party no. 4 did not take any steps in the complaint  case.

So, the Commission had been pleased to proceed with the case ex-parte as against opposite party no. 4 vide order no. 8 dated 12.08.2022.

We do not find any error apparent on the face of the record in passing such order.

Therefore, the application under section 40 of Consumer Protection Act, 2019 filed by the petitioner/opposite party no. 4 stands dismissed on contest but without cost.

Thus the Misc. Application is disposed of.

 
 
[HON'BLE MRS. Firoza Khatoon]
PRESIDENT
 
 
[HON'BLE MR. Sailaranjan Das]
MEMBER
 
 
[HON'BLE MRS. Maitreyee Chakraborty]
MEMBER
 

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