West Bengal

StateCommission

FA/08/304

Sri Amar Mandal. - Complainant(s)

Versus

Sri Durga Prasad Bhattacharya. - Opp.Party(s)

Mr. Prasanta Banerjee.

06 Nov 2008

ORDER


STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGAL.
BHAWANI BHAWAN (Gr. Floor) , 31 Belevedre Road , Kolkata – 700027
Appeal(FA) No. FA/08/304

Sri Amar Mandal.
...........Appellant(s)

Vs.

Sri Durga Prasad Bhattacharya.
Sri Deba Prasad Bhattacharja.
Sri Ramprosad Bhattacharya.
Smt. Shyamali Bhattacharjee.
Smt. Chameli Chowdhury.
Smt. Laxmi Pushilal (Bhattacharjee)
Smt. Shefali Bhattacharya.
Kumari Jaya Bhattacharya.
Sri Bhuban Prasad Bhattacharya.
...........Respondent(s)


BEFORE:
1. JUSTICE ALOKE CHAKRABARTI 2. SMT. SILPI MAJUMDER

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


For the Appellant :


For the Respondent :




ORDER

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No. 6/06.11.2008.

 

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

 

This is an application for condonation of delay.  On the question of genuineness of the Medical Certificate a question was raised whereupon the Medical Certificate has been produced with a modification and a supplementary Affidavit was filed in support thereof.

 

After hearing the parties we find that originally Medical Certificate was issued in the name of the father of the Appellant.  It is alleged that the Medical Certificate has been modified and on perusal of the Medical Certificate we find that only the name of the Complainant has been written by hand at the top of the Certificate.  We are of the opinion that this modification does not cure the defect in the Medical Certificate as it continues to remain in the name of the father of the Appellant and mere recording the name of the Appellant, even if it is by doctor himself, the defect in the Certificate does not get cured.  Therefore, we are of the opinion the Medical Certificate which was issued in the name of the father of the Appellant whose case is that the father has expired some time back, does not allow us to repose any trust on the Medical Certificate itself.  In the circumstances as the Medical Certificate is not believed the delay in filing the appeal having no sufficient explanation is hereby dismissed.  The appeal accordingly stands dismissed.

 




......................JUSTICE ALOKE CHAKRABARTI
......................SMT. SILPI MAJUMDER