West Bengal

Hooghly

MA/16/2024

DR. SURJOIT DUTTA - Complainant(s)

Versus

SRI GOUTAM SETT - Opp.Party(s)

SUBHO CHATTOPADHYAY

02 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, HOOGHLY
CC OF 2021
PETITIONER
VERS
OPPOSITE PARTY
 
Miscellaneous Application No. MA/16/2024
( Date of Filing : 22 Feb 2024 )
In
Complaint Case No. CC/232/2023
 
1. DR. SURJOIT DUTTA
NEAR SRI DURGA CINEMA HALL, P.O AND P.S- CHANDANANGAR, HOOGHLY, 712136
HOOGHLY
WEST BNEGAL
...........Appellant(s)
Versus
1. SRI GOUTAM SETT
BOXIGALI,P.O AND P.S- CHANDANNAGAR, HOOGHLY, 712136
HOOGHLY
WEST BENGAL
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MRS. Babita Choudhuri MEMBER
 HON'BLE MR. Debasis Bhattacharya MEMBER
 
PRESENT:
 
Dated : 02 May 2024
Final Order / Judgement

Today is fixed for  admission hearing.

Ld. Advocates of the applicant and ops are found present and ready.

Op has filed W/O against the M.A. application which has been  instituted on the ground that C.C. case no. 232 of 2023 is not maintainable as the above noted C.C. case has been filed after completion of the limitation period.

Ops contested this matter by filing W/O and denied the each and every allegation and pointed out that only delay of 12 days has been caused after the death of the victim and that delay has been cause due to observation of the religious rituals on account of death of victim.

For the purpose of arriving at just and proper decision this District Commission finds that the reason highlighted by the ops of this M.A. case in the matter of delayed filing of the complaint case is found reasonable and it shows that good reason has been assigned for said delayed filing of the complaint case. Moreover, the complaint case is ready for disposal and the complainant has already filed evidence on affidavit. For that reason this maintainability point can be heard along with the trial of the above noted complaint case.

So, let the maintainability point which has been raised by the op nos. 1 to 3 of the above noted C.C. case  is to be heard along with the trial of the C.C. case no. 232 of 2023.

In the light of the observation made above this M.A. case is disposed of.

No order is passed as to costs.

 

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MRS. Babita Choudhuri]
MEMBER
 
 
[HON'BLE MR. Debasis Bhattacharya]
MEMBER
 

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