West Bengal

StateCommission

RP/51/2018

Tata Motors Finance Ltd. - Complainant(s)

Versus

Sri Debashish Mallick - Opp.Party(s)

Mr. Sayak Ranjan Ganguly

01 Apr 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Revision Petition No. RP/51/2018
( Date of Filing : 20 Mar 2018 )
(Arisen out of Order Dated 12/03/2018 in Case No. Complaint Case No. CC/346/2017 of District Kolkata-I(North))
 
1. Tata Motors Finance Ltd.
Kolkata South Br., Chowringhee Road, 1st Floor, Kolkata - 700 001.
...........Appellant(s)
Versus
1. Sri Debashish Mallick
S/o Bhubaneswar Mallick, 79/A, Pataldanga Street, Kolkata - 700 009.
2. Moloy Das
W/o Abhijit Das, 97/7, Narkeldanga Main Road, Kolkata - 700 058, P.S.- Phoolbagan.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. SHYAMAL GUPTA PRESIDING MEMBER
 HON'BLE MR. UTPAL KUMAR BHATTACHARYA MEMBER
 
For the Petitioner:Mr. Sayak Ranjan Ganguly, Advocate
For the Respondent: Mr. Arijit Bhattacharyya, Advocate
 Sujata Mukherjee., Advocate
Dated : 01 Apr 2019
Final Order / Judgement

Sri Shyamal Gupta, Member

This Revision is directed against the Order dated 12-03-2018 of the Ld. District Forum, Kolkata-I (North) in CC/346/2017.

Case of the Revisionist, in short, is that on receipt of notice of the complaint case, it’s Ld. Advocate appeared before the Ld. District Forum on 25-01-2018 and prayed for a direction to the Respondent No. 1 to provide copy of the complaint along with all annexure.  Although Ld. Advocate for the Respondent No. 1 provided copy of the petition of complaint on that day, he could not provide any annexure and sought for some time for providing the same.  Thereafter, on several occasions, Respondent No. 1 faltered in providing the requisite document.  Therefore, on 12-03-2018, the Revisionist tried to file an application before the Ld. District Forum for giving necessary direction to the Respondent No. 1 to part with the required documents as the same were essential for submission of WV.  However, the Ld. District Forum did not accept the said application and passed the impugned order.

Heard all sides in the matter and considered the documents on record.

Considering all aspects, in the interests of natural justice, we set aside the impugned order.  Parties to appear before the Ld. District Forum on 02-05-2019 for furnishing requisite documents by the Respondent No. 1/Complainant to the Revisionist.

 
 
[HON'BLE MR. SHYAMAL GUPTA]
PRESIDING MEMBER
 
[HON'BLE MR. UTPAL KUMAR BHATTACHARYA]
MEMBER

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