West Bengal

Hooghly

MA/78/2023

SRI KANCHAN DUTTA - Complainant(s)

Versus

SEPHALI DUTTA - Opp.Party(s)

CHIRANJIT SHIL

24 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, HOOGHLY
CC OF 2021
PETITIONER
VERS
OPPOSITE PARTY
 
Miscellaneous Application No. MA/78/2023
( Date of Filing : 14 Sep 2023 )
In
Complaint Case No. CC/60/2023
 
1. SRI KANCHAN DUTTA
MAINAK APARTMENT, 144 NS RD, P.O AND P.S- UTTARPARA, DIST - HOOGHLY, PIN- 712258
HOOGHLY
WEST BNEGAL
...........Appellant(s)
Versus
1. SEPHALI DUTTA
MAINAK APARTMENT, FLAT NO. A3, 1ST FLOOR, 144 NS RD, P.O P.S- UTTARPARA, HOOGHLY, 712258
HOOGHLY
WEST BENGAL
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Babita Choudhuri PRESIDING MEMBER
 HON'BLE MR. Debasis Bhattacharya MEMBER
 
PRESENT:
 
Dated : 24 Sep 2024
Final Order / Judgement

This case record is taken up for consideration in the matter of passing order in this MA case which is initiated in view of the application filed by the OP of CC-60/2023 on the ground that the above noted CC case is not maintainable in the eye of law.

This matter has been contested by the complainant of the above noted complaint case by filing written objection.

It is main point of contention and argument of the applicant of this MA case is that this case is barred by limitation and the complainant has no locus standi to file the above noted CC case as consumer.

On the other hand, the complainant of the above noted complaint case as OP of this MA case in the written objection has adopted the defence alibi that in order to drag this case the above noted MA case has been filed and the complainant is a consumer in the eye of law and so this case is maintainable.

Close compare of this MA case record alongwith the case record of CC-60/2023 it is reflected the cause title of this MA case is the replica of the cause title of complainant case.  It clearly indicates that the cause title of this MA case is defective and so this MA case is not maintainable.  Moreover, it is admitted fact that this MA case has been cropped up from CC-60/2023 where trial of the said complaint case has already been started and the said complaint is on the verge of disposal.  So it would be just and proper to hear the maintainable point alongwith the trial of the CC-60/2023.

The decisions which have been highlighted by the applicant side of this MA case is to be considered after conclusion of the trial.

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

No order is passed as to cost.

Let this case record of MA case be tagged with the case record of CC-60/2023.

 
 
[HON'BLE MRS. Babita Choudhuri]
PRESIDING MEMBER
 
 
[HON'BLE MR. Debasis Bhattacharya]
MEMBER
 

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