West Bengal

StateCommission

RP/40/2020

M/s. Desire Agro Resorts Development Pvt. Ltd. & Another - Complainant(s)

Versus

Smt. Pratima Saha & Another - Opp.Party(s)

Mr. Barun Prasad, Mr. Subrata Mondal, Mr. Uttam Chakraborty

31 Dec 2020

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Revision Petition No. RP/40/2020
( Date of Filing : 16 Dec 2020 )
(Arisen out of Order Dated 05/10/2020 in Case No. Complaint Case No. CC/8/2019 of District Howrah)
 
1. M/s. Desire Agro Resorts Development Pvt. Ltd. & Another
P-525, Hemanta Mukherjee Sarani,(Raja Basanta Roy Road), Kolkata- 700 029.
2. Sri Ashoke Bose
23, Donson Lane, Howrah- 711 101.
...........Appellant(s)
Versus
1. Smt. Pratima Saha & Another
W/o, Sri Anup Kr. Saha. 36, Gangadhar Bhattacharjee Lane, Salkia, P.S.- Malipanchghora, Dist- Howrah, Pin- 711 106.
2. Sanjay Shaw
23, Dobson Lane, Howrah- 711 101.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT
 HON'BLE MRS. SAMIKSHA BHATTACHARYA MEMBER
 
PRESENT:Mr. Barun Prasad, Mr. Subrata Mondal, Mr. Uttam Chakraborty, Advocate for the Petitioner 1
 
None appears
......for the Respondent
Dated : 31 Dec 2020
Final Order / Judgement

HON’BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT

        This Revisional Application has been filed by the Opposite Parties of C.C.8 of 2019, pending before ld. D.C.D.R.Commission at Howrah,  where ld. Commission declined to accept the Written version and fixed the date of exparte hearing against the OPS no.2 and 3 . Heard ld.Counsel for the Revisionists. He  pointed out that these Revisionists were directed to file Written Version on 18.3.2020 and the Managing Director of OP No.1/Revisionist herein, filed the Written Version on the self same date (18.3.2020) but other OPs could not. In view of Pandemic situation prevailing in the country a lenient view should be taken in the matter of acceptance of the Written Version and taking into consideration this aspect, we set aside the order impugned dated 5.10.2020 and direct the ld. D.C.D.R.Commission , Howrah to give a scope to file written version by the OPs /Revisionists and the Revisionists are directed to avail such opportunity as per direction of the ld. D.C.D.R.Commission. The date of filing such Written version shall be within one month from the date of receipt of the Order and the Revisionists are directed to pay a cost of a sum of Rs.10,000/- (Rupees ten thousand) to the complainant/O.P.herein  which shall be a condition precedent for acceptance of the written version. We make it clear that the filing of Written Version and payment of such costs shall be made on the self same date. A copy of the order be sent to the ld. D.C.D.R.Commission, Howrah at once for necessary compliance.

 
 
[HON'BLE MR. JUSTICE ISHAN CHANDRA DAS]
PRESIDENT
 
 
[HON'BLE MRS. SAMIKSHA BHATTACHARYA]
MEMBER
 

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