West Bengal

Howrah

MA/68/2018

SRI ASHOKE GHOSH - Complainant(s)

Versus

Smt. Gita Kar, - Opp.Party(s)

09 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM HOWRAH
20, Round Tank Lane, Howrah 711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Miscellaneous Application No. MA/68/2018
In
Complaint Case No. CC/15/430
 
1. SRI ASHOKE GHOSH
S/O. Late Biswanath Ghosh, Ramrajatala, Bakultala, P.S. Jagacha, Howrah
...........Appellant(s)
Versus
1. Smt. Gita Kar,
W/O. Late Sudhindra Nath Kar, 38/9, Shastri Narendra Nath Ganguly Road, P.S. Shibpur, Howrah 711 104.
2. Smt. Mou Mondal
W/O. Sri Debashis Mondal, D/O. Late Sudhindra Nath Kar, 17, Thakurdas Dutta 2nd Lne, P.S. Bantra, Howrah.711101.
3. M/S. Jaiswal Developer
18, Dr. P.K Banerjee Road, P.S.and Dist. Howrah, Pin 711 101.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Abdul Kuddus PRESIDENT
 HON'BLE MRS. Smt. Banani Mohanta, Ganguli MEMBER
 HON'BLE MR. Sajal Kanti Jana MEMBER
 
For the Appellant:
For the Respondent:
Dated : 09 Apr 2018
Final Order / Judgement

Order No. 1                                            Date : 09.04.2018

Today is fixed for hearing a petition files by the complainant to expunge name of Smt. Gita Kar/o.p. no. 1 files by complainant on 16.01.2018.

Let this petition be registered as M.A. case no. 68/2018.

Learned Advocate for the complainant/petitioner files his hazira.

The learned Advocate for o.p.no. 2 and 3 also files their respective haziras.

O.p. no. 2 also files certificate of death of Gita Kar/o.p. no.1.

The M.A. case is taken for hearing.

Heard both sides.

Perused the contents of M.A. and the material on records.

It appears that Gita Kar/o.p. no. 1 died on 04/02/2017 during the pendency of this case and o.p. no. 2 Mou Mondal daughter of o.p. no. 1 since deceased is on record.

So the complainant has filed this case to expunge the name of o.p. no. 1 since deceased from this case.

Learned Advocate for the o.p. no. 2 has not made any objection.

It appears that Gita Kar/o.p. no. 1 died on 04.02.2017.

No substitution has been submitted within the statutory period of 90 days from date of death of o.p. no.1.

But it appears that Smt. Mou Mondal/o.p. no.2 daughter/L.H. of o.p. no. 1 is on record.

So in view of the above facts and circumstances, we find no impediment to allow this M.A.

Hence, it is

ORDERED

M.A. case no. 68/2018 be and same is hereby allowed on contest; but without cost.

Name of o.p. no.1 Smt. Gita Kar be expunged as she is dead.

Thus this M.A. case is hereby disposed of.

 
 
[HON'BLE MR. Abdul Kuddus]
PRESIDENT
 
[HON'BLE MRS. Smt. Banani Mohanta, Ganguli]
MEMBER
 
[HON'BLE MR. Sajal Kanti Jana]
MEMBER

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