Tripura

Unakoti

MA/2/2022

Niladrita Das - Complainant(s)

Versus

Sarada - Opp.Party(s)

C. Bhattacharjee, P. Das, D. Tarafdar

19 Jan 2023

ORDER

          Learned counsel Mr. P. Das is present on behalf of the complainant.

          None of the opposite parties is present.

         Record speaks that only OP No. 4 has appeared and filed written objection while no other opposite parties has appeared in this case yet, rather they refused to accept the notice. Denial/refusal to accept the notice tantamount to acceptance.

          Heard learned counsel Mr. P. Das today once again.

       In the petition it is stated on behalf of the complainant that the complainant on earlier occasion had also filed a case before this Commission against Shyam Sundar Co. Jewelers, Dharmanagar Branch in the same subject matter and since the opposite party, Shyam Sundar Co. Jewellers frequently changed the address of their shop premises, notice could not be served upon the said OP in spite of taking several efforts not only from the side of the complainant but also from the side of the court and ultimately, learned Commission dismissed the complainant. Now the complainant after thorough search could collect the exact address of the OP and in this process delay occurred in filing the complaint.

        While advancing his argument learned counsel Mr. Das reiterated the same facts as stated in the petition and added that when the first case instituted by them was negated by this Hon’ble Commission the complainant could not collect the proper address of the OP and after the dismissal of the earlier complaint the complainant took information through RTI application about the exact address of the opposite party and the process took a long time, which caused delay in filing the complaint.

          The commission is satisfied with the ground that causes the delay and accordingly condones the delay in filing the instant complaint.

          Consequently, this Misc. Application for condonation of delay is allowed.

          The case stands disposed of accordingly.

                             

                                   ANNOUNCED.

 

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