No. 5/28.01.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. Sumit Sen, the Ld. Advocate and Respondent Nos. 1 to 5 through Mr. Manoranjan Jana, the Ld. Advocate are present.

This appeal was filed challenging order dated 26.08.2008 passed by D.C.D.R.F. Paschim Medinipur in Complaint Case No. 42 of 2005 granting relief to the Complainant.

At the outset on behalf of the Appellant contention has been made that the proceeding was disposed by the Forum below against the O.Ps there in the absence of the Society itself as a party before the Forum.  This is an objection of non-joinder of party and we are of the opinion that Society is a necessary party, in absence of which the proceeding could not be disposed against the Officers of the Society.  But on the ground of defect of party the proceeding itself could not be dismissed.  We are of the opinion that the matter should be sent back to the Forum below for the purpose of disposal of the matter in accordance with law after granting an opportunity to the Complainant to remove the defect of parties.  Accordingly the impugned order is set aside and the appeal is allowed with the direction upon the Forum in the line as stated hereinabove.