West Bengal

Rajarhat

MA/60/2023

Sri Himadri Basu S/o Late Dipak Kumar Basu - Complainant(s)

Versus

Sri Niladri Basu S/o Late Dipak Kumar Basu - Opp.Party(s)

22 Feb 2023

ORDER

Additional District Consumer Disputes Redressal Commission, Rajarhat (New Town )
Kreta Suraksha Bhavan,Rajarhat(New Town),2nd Floor
Premises No. 38-0775, Plot No. AA-IID-31-3, New Town,P.S.-Eco Park,Kolkata - 700161
 
Miscellaneous Application No. MA/60/2023
( Date of Filing : 09 Feb 2023 )
In
Complaint Case No. CC/227/2021
 
1. Sri Himadri Basu S/o Late Dipak Kumar Basu
sdf
...........Appellant(s)
Versus
1. Sri Niladri Basu S/o Late Dipak Kumar Basu
sdf
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Lakshmi Kanta Das PRESIDENT
 HON'BLE MR. Partha Kumar Basu MEMBER
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
PRESENT:
 
Dated : 22 Feb 2023
Final Order / Judgement

Order No.09

The MA being no. 60/2023 is taken up for hearing.

Heard the Ld. Advocates on both sides and perused the MA/60/2023 and W/O. It is submitted by the Ld. Advocate appearing for OP no. 3 that he has received the amount from the bank in the capacity as nominee of the depositor. The order for such release was made by the Bank Ombudsman and therefore, the case is not maintainable. The submission fails to impress upon this Commission. He can at best say that he is an unnecessary party; but he cannot say that the case is not maintainable by filing the aforesaid MA. As such, the MA/60/2023 calls for no action and hence it is rejected.

The MA/60/2023 is thus disposed of.

Another application is filed by OP no. 1 and 2 with copy to the Ld. Advocate of the complainant. The said application is registered as 79/2023 and it will come up for hearing on 27.02.2023.

 
 
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
 
 
[HON'BLE MR. Partha Kumar Basu]
MEMBER
 
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
 

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