West Bengal

Howrah

MA/2/2021

M/S Carewell Properties, - Complainant(s)

Versus

SRI ALOK LAL KUNDU, - Opp.Party(s)

25 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION HOWRAH
20, Round Tank Lane, P.O. and P.S. Howrah, Dist. Howrah-711 101.
Office (033) 2638 0892, 0512 Confonet (033) 2638 0512 Fax (033) 2638 0892
 
Miscellaneous Application No. MA/2/2021
( Date of Filing : 05 Feb 2021 )
In
Complaint Case No. CC/196/2020
 
1. M/S Carewell Properties,
Office at 254/3/1, Panchanantala Road, P.O. and P.S. and District Howrah 1
...........Appellant(s)
Versus
1. SRI ALOK LAL KUNDU,
Son of late Gobinda Lal Kundu, 125/A/2, Narasingha Dutta Road, P.S. Bantra District Howrah 711 101
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Dhiraj Kumar Dey MEMBER
 HON'BLE MRS. Minakshi Chakraborty MEMBER
 
PRESENT:
 
Dated : 25 Jul 2024
Final Order / Judgement

Order No: 16                                                                                       Date:   25 /07/2024

Today is fixed for passing order of this MA Case which has been filed by the OPs  on the ground that the Complaint Case No. 196/2020 is not maintainable.  This matter has been contested by the OP of this MA Case who is the complainant of Complaint Case No. 196/2020 by filing W/O.

The argument highlighted by Ld. Advocates of both sides has been heard in full.  Considered submission.

Perused the MA application and the W/O.

For the purpose of arriving at just and proper  decision in respect of deciding the fate of the above noted MA Case, there is urgent necessity of scanning the material of this case record of MA Case No. 02/2021 and also of the case record of Complaint Case No. 196/2020.

After going through the material of the case records  this District Commission finds that the OPs already have filed W/V in this case on 5th February, 2021.  It indicates that this case is ready for starting trial of this case.

Moreover, the questions highlighted in the MA Case are related with the fact of recording evidence.  In other words, it can be said that some of the grounds which have been adopted by the applicant of this MA Case can only be decided after recording evidence of both sides.

Considering all the above noted factors this District Commission is of the view that it would be just and proper  to hear point of maintainability which has been raised  in the above noted MA Case alongwith the trial of Complaint Case No. 196/2020.

In the light of the observation made above the MA Case No. 02/2021 be and the same is disposed of with the observation  that the point of maintainability  is to be heard alongwith the trial of Complaint Case No. 196/2020.

No order is passed as to cost.

Let the case record of MA Case No. 02/2021 be tagged with the case record of Complaint Case No. 196/2020.

Dictated & corrected by me

 

President

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MR. Dhiraj Kumar Dey]
MEMBER
 
 
[HON'BLE MRS. Minakshi Chakraborty]
MEMBER
 

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