DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
M. A. No- 79/2019
Arising out of the C.C. No- 142/2018
Date of Filing: Date of Disposal:
13.02.2019 13.02.2019
Complainant/s:- 1. Smt. Subhra Mitra
Wife of Sri Samar Mitra,
Presently residing at First Floor of
53, Maharaja Nanda Kumar Road (North)
Kolkata- 700035, P.O- Alambazar
P.S- Baranagar,Dist- North 24 Pgs and
previously residing at
14/9, Beharilal Paul Street, Kolkata- 700036,
P.O- Baranagar, P.S- Baranagar,
Dist- North 24 Pgs.
=Vs=
Opposite Party/s:- 1. Smt. Jharna Rani Debnath,
Wife of Late Sambhu Charan Debnath
Residing at 592, Rabindra Sarani
Kolkata- 700003, P.O- Cossipore
P.S- Chitpur, Dist- Kolkata
2. Sri Nani Gopal Dutta,
Son of Late Sukharnjan Dutta,
Residing at 1/A, Raj Kumar Mukherjee Road
Second Floor, Kolkata- 700036,
P.O- Baranagar, P.S- Baranagar,
Dist- North 24 Pgs
3. Sri Phani Gopal Dutta
Son of Late Sukharnjan Dutta
Residing at 53, Maharaja Nanda Kumar Road (North)
Kolkata- 700035, P.O- Alambazar
P.S- Baranagar, Dist- North 24 Pgs
4. Smt. Putul Dutta
Wife of Late Swapan Dutta
Residing at 53, Maharaja Nanda Kumar Road (North)
Kolkata- 700035, P.O- Alambazar
P.S- Baranagar, Dist- North 24 Pgs
5. Sri Rohit Dutta
Son of Late Swapan Dutta
Residing at 53, Maharaja Nanda Kumar Road (North)
Kolkata- 700035, P.O- Alambazar
P.S- Baranagar, Dist- North 24 Pgs
Cont…………..2
:2:
M. A. No- 79/2019
Arising out of the C.C. No- 142/2018
6. Sri Mihir Lal Dutta
Son of Late Sukharanjan Dutta
Residing at 48/A/2, Maharaja Nanda Kumar Road (North)
Kolkata- 700035, P.O- Alambazar
P.S- Baranagar, Dist- North 24 Pgs
7. Sri Tapan Dutta
Son of Late Swapan Dutta
Residing at 53, Maharaja Nanda Kumar Road (North)
Kolkata- 700035, P.O- Alambazar
P.S- Baranagar, Dist- North 24 Pgs
8. Smt. Mousumi Bhattacharjee
Wife of Sri Nilanjan Bhattacharjee
Residing at 53, Maharaja Nanda Kumar Road (North)
Kolkata- 700035, P.O- Alambazar
P.S- Baranagar, Dist- North 24 Pgs
9. Smt. Supriya Saha
Wife of Sri Ajoy Saha
Residing at 9/2, Barrister P. Mitra Road
Kolkata- 700035, P.O- Alambazar
P.S- Baranagar, Dist- North 24 Pgs
10(a) M/s. Suba Enterprise
A proprietorship Firm
Having its registered office at
B-5/1, Kalindi Housing Estate,
Kolkata- 700089
P.O- Kalindi, P.S- Lake Town
duly represented by its proprietor namely
Sri Abhijit Chandra Mukherjee
Son of Late Sunil Chanra Mukherjee
Residing at Flat no B-10, 3/3, Motilal Mullick Lane,
Kolkata- 700035, P.O- Alambazar
P.S- Baranagar, Dist- North 24 Pgs.
10(b) Sri Abhijit Chandra Mukherjee
son of Late Sunil Chandra Mukherjee
Residing at B-10, 3/3, Motilal Mullick Lane,
Kolkata- 700035, P.O- Alambazar
P.S- Baranagar, Dist- North 24 Pgs.
and also residing at
2/A/1, Motilal Mullick Lane
Kolkata- 700035, P.O- Alambazar
P.S- baranagar, Dist- North 24 Pgs
PRESENT
:- Smt. Silpi Majumder ……………………………Member.
:- Smt. Monisha Shaw ……………………………………………..Member.
Cont…………..3
:3:
M. A. No- 79/2019
Arising out of the C.C. No- 142/2018
Order No- 06
This order is arising out of the MA being no- 79/2019 in the CC no-142/2018 filed by the Complainant praying for publication of notices in the name and address of the OP- 10(A) in the daily well circulated newspaper in West Bengal.
It is stated in the application that through India Post notices were issued in the name and address of the said OP but the same could not be served upon the said OP. In this manner much time has elapsed. Therefore now to save the time publication of notices in the name of the said OP is very much required, otherwise the interest of the Complainant will be seriously prejudiced. Prayer is made by the Complainant for allowing this application.
We have taken up the application for hearing and its disposal. It is seen by us that since filing of this complaint on 28.03.2018 service of notice upon the said OP could not be effected and in this way a considerable period has already been lapsed. Hence as the Complainant is praying for publication of notice in the newspaper, well circulated in West Bengal, in our view the prayer of the Complainant has much substance. So the application filed by the Complainant should be allowed.
It is ordered that the MA being no- 79/2019 is hereby allowed without any cost.
As the MA is allowed hence the Complainant is directed to submit the draft copy of the notice to get it approved by the office of this Ld. Forum for publication of the same in the daily well circulated newspaper in West Bengal. After getting it approved the Complainant shall publish the notice in the newspaper namely ‘Bartaman’.
Fix 23.05.2019 for submitting the newspaper by the Complainant showing publication of notice in the name and address of the OP-10(A) without any fail.
Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.
Member Member
Dictated & Corrected by
