West Bengal

StateCommission

RP/18/2021

Sri Vivek Poddar & Another - Complainant(s)

Versus

Sri Sandip Kr. Maji - Opp.Party(s)

Mr. Barun Prasad, Mr. Subrata Mondal, Mr. Sovanlal Bera

05 Oct 2021

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
WEST BENGAL
11A, Mirza Ghalib Street, Kolkata - 700087
 
Revision Petition No. RP/18/2021
( Date of Filing : 05 Apr 2021 )
(Arisen out of Order Dated 02/03/2021 in Case No. Complaint Case No. CC/25/2021 of District Kolkata-I(North))
 
1. Sri Vivek Poddar & Another
93, Dr. Suresh Chandra Banerjee Road, P.O.- & P.S.- Beliaghata, Kolkata- 700 010.
2. Sri Himanka Kumar Paul (Director of Purnasons Holding Pvt. Ltd.))
4, Canal West Road, P.O.- Beliaghata, P.S.- Narkeldanga, Kolkata- 700 015.
...........Appellant(s)
Versus
1. Sri Sandip Kr. Maji
S/o, Lt Nabin Chandra Maji. Darda Apartment, Flat No.- 7, 78, Chirantani Park, Sreekanan, Bansdroni, Kolkata- 700 070.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE ISHAN CHANDRA DAS PRESIDENT
 HON'BLE MRS. SAMIKSHA BHATTACHARYA MEMBER
 
PRESENT:Mr. Barun Prasad, Mr. Subrata Mondal, Mr. Sovanlal Bera, Advocate for the Petitioner 1
 
None appears
......for the Respondent
Dated : 05 Oct 2021
Final Order / Judgement

HON’BLE MR.JUSTICE ISHAN CHANDRA DAS,PRESIDENT

             Heard ld.Advocate for the Revisionist moving  the Revisional Application  filed against the order no.3 dated 2.3.2021 passed in C.C.25 of 2021 pending before  ld. D.C.D.R.Commission, Unit I. The Revisional Application is  filed within the  prescribed  time.

           Questioning propriety of the said order dated 2.3.2021,  this Revisional Application has been filed by the Opposite Party of C.C. 25 of 2021 wherein by the said order  ld. D.C.D.R.Commission fixed a date for exparte hearing of the case in exclusion of the Opposite party from contesting the Complaint case, though a notice was served upon the OP NO.1 as it is revealed from the Advocate’s letter dated 24.2.2021 (page 43 of the file) .

          Ld. Counsel appearing for the Revisionist submitted that his client should be given an opportunity to contest the complaint  proceeding ( CC/25/2021) by filing Written version and evidence according to the procedure prescribed by the Consumer Protection Act, 2019. It appears to us that ld. D.C.D.R.Commission fixed the date of exparte hearing of the case hurriedly without obtaining service report against all the Opposite parties. Hence, we admit the Revisional Application and dispose of it exparte, by allowing it in part for the end of justice  and direct  ld. D.C.D.R.Commission to allow time to the Revisionist to file Written Version and to contest the Complaint case according to law. The order of interim injunction passed by ld. D.C.D.R.Commission, a part of  the order impugned remains uninterfered and ld. D.C.D.R.Commission is at liberty to deal with the matter of injunction according to its own wisdom  and obviously accordingly to law.

         The Revisional Petition is thus admitted and  disposed of.

 

 
 
[HON'BLE MR. JUSTICE ISHAN CHANDRA DAS]
PRESIDENT
 
 
[HON'BLE MRS. SAMIKSHA BHATTACHARYA]
MEMBER
 

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