West Bengal

Howrah

MA/25/2024

SMT. BABITA LUNIA, - Complainant(s)

Versus

Sri Binay Kumar Agarwal, - Opp.Party(s)

Sri Srijan Dutta,

12 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/25/2024
( Date of Filing : 02 Apr 2024 )
In
Complaint Case No. CC/44/2022
 
1. SMT. BABITA LUNIA,
wife of Sri Sushil Kumar Lunia, residing at 1st floor of 12, Ramlal Mukherjee Lane, P.O. Salkia, P.s. Golabari, Dist Howrah 711 106
...........Appellant(s)
Versus
1. Sri Binay Kumar Agarwal,
Son of late Daya Shankar Agarwal, resident of 7, Dr. Abani Dutta Road, P.S. Golabari Dist Howrah 711 101
2. Sri Dal Chand Nahata,
Son of late Surajmalji Nahata, residents of 12, Ramlal Mukherjee Lane, P.O. Salkia, P.S. Golabari, Dist Howrah 711 106
3. Smt. Tara Devi Nahata,
Wife of Sri Dal Chand Nahata, residents of 12, Ramlal Mukherjee Lane, P.O. Salkia, P.S. Golabari, Dist Howrah 711 106
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MR. Dhiraj Kumar Dey MEMBER
 
PRESENT:
 
Dated : 12 Jul 2024
Final Order / Judgement

Order No: 02                                                                        Date:12/07/2024

       Today is fixed for hearing of this MA Case, W/O if any in the meantime.  Ld. Advocate for the applicant side is found ready.  OP has filed W/O.  Copy served.  Let it be kept with record..

OP side prayed time for hearing but the said adjournment  petition is not supported by any document and so it is rejected. Heard both sides.

In respect of the MA Case which has been initiated in view of the application filed by the applicant for amendment of the complaint petition.

Perused the MA application and / or prayer for amendment.

On close examination of the said prayer for amendment  it is found that the complainant / applicant side intends to incorporate  some subsequent event and also to delete the prayer for delivery of possession as the complainant has already received the possession of the case property.

The prayer for amendment is formal in nature and it would not change the nature and character of this case.  Considering this aspect  the prayer for amendment  of the complaint petition as per amendment petition dtd.  02.04.2024 is allowed on contest but at the cost of Rs. 500/- payable to the OP side.

Let the complaint petition be amended immediately as per  schedule of the amendment petition.

The applicant  side is directed to file the amended copy of complaint petition  and to pay the cost in CC Case No. 44/2022 on the next date.

In the light of the observation made above this MA Case is disposed of.

Dictated & corrected by me     

 

President

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

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