West Bengal

Rajarhat

MA/136/2022

Sri Pratik Chakraborty, S/o Late Pradip Chakraborty - Complainant(s)

Versus

Sri Sitangsu Prasad Banerjee, S/o Late Anyada Prasad Banerjee - Opp.Party(s)

16 Sep 2022

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/136/2022
( Date of Filing : 28 Jul 2022 )
In
Complaint Case No. CC/120/2022
 
1. Sri Pratik Chakraborty, S/o Late Pradip Chakraborty
abc
...........Appellant(s)
Versus
1. Sri Sitangsu Prasad Banerjee, S/o Late Anyada Prasad Banerjee
def
...........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 : 16 Sep 2022
Final Order / Judgement

Today is fixed for hearing of the MA being No. 136/2022.

After hearing the Ld. Advocate of the complainant and perusing the application in the light of the other material on record, we see that need for filing the aforesaid application has arisen out of the death of OP 1, OP 2, OP 3 and OP 10.

It is submitted by the Ld. Advocate appearing for the complainant that legal heirs of OP 1 and OP 2 are already on record and the legal heirs of the OP 3 and OP 10 are required to be brought into this record.

As such the prayer for amendment, if allowed, may not have any effect of changing the nature and character of the case. Rather the amendment sought for is needed to be approved for the interest of this case. Therefore the application is allowed.

The Ld. Advocate appearing for the complainant files the amended complaint incorporating the names of the legal heirs of the OP 3 and OP 10. She is directed to issue notices to the legal heirs of OP 3 and OP 10 fixing 08.12.2022 for their appearance and asking them to file W/V within 30 days from the date of the receipt of the notices.

The MA being No. 136/2022 is thus disposed of.

For submitting the copy of newspaper containing publication of notice prayer for time is made by the Ld. Advocate of the complainant and the said prayer is allowed.

She is directed to file copy of either Ananda Bazar or Bartaman Newspaper containing publication of notice by the next date.

08.12.2022 is fixed for filing copy of newspaper, S/R and appearance.

Let a plain copy be given to the parties free of cost as per CPR.

 

Dictated and corrected by

 [HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT

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

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