West Bengal

StateCommission

RP/118/2017

Apple India Pvt.Ltd. - Complainant(s)

Versus

Sayandip Saha - Opp.Party(s)

Ms. Tanusree Dhar

27 Mar 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Revision Petition No. RP/118/2017
( Date of Filing : 22 May 2017 )
(Arisen out of Order Dated 05/04/2017 in Case No. Complaint Case No. CC/45/2017 of District Kolkata-II(Central))
 
1. Apple India Pvt.Ltd.
19th Floor, Regd. office at Conconde Tower C, UB City no. 24, Vital Mallya Road, Bangalore -560 001, Karnataka.
...........Appellant(s)
Versus
1. Sayandip Saha
S/o Mr. Debasish Saha, 56/2, Sree Gopal Mullick Lane, Kolkata -700 012.
2. Prasanta Kr. Dutt
S/o Lt. Hiralal Dutt, 56/2, Sree Gopal Mullick Lane, Kolkata -700 012.
3. Systemix Media, Authorised Service Centre of Apple Srishthi Apartment
12, Ho Chi Minch Sarani, 1st Floor, Kolkata - 700 071.
4. The Manager, Authorised Service Centre of Apple Srishthi Apartment
12, Ho Chi Minch Sarani, 1st Floor, Kolkata -700 071.
5. The Manager Customer Support
19th Floor, Concode Tower C UB City no.24, Vital Mallya Road, Bangalore -560 001, Karnataka.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER
 HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER
 
For the Petitioner:Ms. Tanusree Dhar, Advocate
For the Respondent: Mr. Asok Kumar Sil. Smt. Rami Chatterjee., Advocate
Dated : 27 Mar 2019
Final Order / Judgement

Sri Shyamal Gupta, Member

Through this Revision, the Order passed by the Ld. District Forum, Kolkata-II (Central) on 05-04-2017 in CC/45/2017 is called in question by the Revisionist.

Short case of the Revisionist is that after being served with a copy of the notice of the complaint case, it instructed its solicitor firm to defend its case before the Ld. District Forum.  In turn, the said Ld. Advocate advised its counterpart in Kolkata to represent the Revisionist before the Ld. District Forum.  However, as the concerned Advocate was travelling at such time as Courts were closed for Holi festival, the concerned communiqué  got misplaced. Terming such lapses as unintentional, the Revisionist prayed for due privilege to defend its case before the Ld. District Forum.

Considering the rival contentions of the parties and after careful scrutiny of the documents on record, it does not seem to us that there was any intentional laches on the part of the Revisionist behind non-submission of the WV in time.  Considering all aspects, therefore, we allow this Revision.

Hence,

O R D E R E D

The Revision stands allowed on contest against the Respondent Nos. 1&2.  The impugned order is hereby set aside. Parties to appear before the Ld. District Forum on 26-04-2019 for filing WV by the Revisionist.

 
 
[HON'BLE MR. SHYAMAL GUPTA]
PRESIDING MEMBER
 
[HON'BLE MR. UTPAL KUMAR BHATTACHARYA]
MEMBER

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