DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
North 24 Pgs., BARASAT
C.C. No./29/2023
PRESENT :- Shri Daman Prosad Biswas……..President.
:- Shri Abhijit Basu…………Member.
Order No.:08
Dated:- 19.12.2023
Today is fixed for re-hearing of the M.A. Case No. 88/ 2023. Ld. Advocate for the Complainant is present. Ld. Advocate for the O.P No. 1 and 2 is present.
Petition dated 10/04/2023 filed by O.P No. 1 and 2 which registered as M.A Case No. 88/2023 is taken up for hearing. Heard both sides. Perused the petition dated 10/04/2023. Also perused the W/O filed by the Complainant.
O.P No. 1 and 2 in the said petition stated that the case is not maintainable. During hearing Ld. Advocate for the O.P No. 1 and 2 submits that O.P No. 2 has no interest over the suit property. So, Complainant has no right to file the case against O.P No. 2. In reply Ld. Advocate for the Complainant submits that they already sent a letter to O.P No. 1 and 2 but they did not give any answer. They remained silent. In this situation they had no other alternative but to file this case against O.P No. 2 also.
During hearing O.P No. 1 and 2 failed to explain proper reason in support of their contention that the case is not maintainable. Even they could not file any documentary evidence in support of their contention.
We have carefully gone through the W/O filed by the Complainant.
Considering the entire matter we do not find sufficient materials in the petition of O.P No. 1 and 2 so that we can say that the present case is not maintainable.
Accordingly, we find that the present case is maintainable against O.P No. 1 and 2.
Hence, the petition dated 10/04/2023 is registered as M.A. Case No. 88/2023 is considered and rejected.
M.A. Case No. 88/2023 is thus disposed of.
However, liberty is given to O.P No. 1 and 2 to place their argument on the point of non-maintainability at the time of final hearing of this case.
To 12/04/2024 for filing evidence.
Member President
