Mansa College of Phisical Education and Education. - Complainant(s)
Versus
Sri Subrata Sarkar. - Opp.Party(s)
Mr. P. K. Giri. Mr. Barun Prasad.
21 Jan 2010
ORDER
STATE CONSUMER DISPUTES REDRESSAL COMMISSION , WEST BENGALBHAWANI BHAWAN (Gr. Floor), 31 Belvedere Road. Kolkata -700027
APPEAL NO. 323 of 2009
1. Mansa College of Phisical Education and Education.Kohaka Road.Kurud, Vehlia. PS. Jamul, Dist. Durg. (Chattishgarh)-490024.
...........Appellant(s)
Vs.
1. Sri Subrata Sarkar.Vill-Sarion, PO. Debi Thakur Bari. PS. Rajgang. Dist. Jalpaiguri. At Present: Arobinda Pally Siliguri, PO. Rabindra Sarani, PO. Siliguri, Dist. Darjeeling. (Working at Chamber of Mr. Prasanta Joarder, Adv. "Golam Height" 1st floor, Sisir Bhaduri Sarani,Khudiram Pally,PO&PS. Siliguri, Dist.DarjeelinWest Bengal.2. The Director, Monsa College of Phisical Education & Education.Kohaka Road. Kurud, Vhili. PS. Jamul, Dist. Durg. ( Chattishgarh) -490024.3. Pandit Rabishankar Sukla University. Amanaka G.E. Road. Raipur. (chattishgarh) -490010.4. Sri Binoy Mitra.S/O Sri Bimal Mitra, R/O Gaiton, Pakurhat, PO. Pakura, PS. Banamgola, Dist. Malda. Presently Resi. C/O Jiban Saha. Bat Tala, Samar Nagar Colony. Champasari, Siliguri. Dist. Darjeeling. Office at Dr. B.R. Ambeder Market, Near Malhotra Towers, H.C. Rd. Siliguri. Dist. Darjeeling. W.B.
...........Respondent(s)
For the Appellant :
For the Respondent :
Dated : 21 Jan 2010
ORDER
HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.
8/21.01.2010.
After the judgement was delivered Mr. P. K. Giri, representing the Appellant prayed for imposition of no cost in this appeal as his client is agreeable to pay the decretal dues to the Complainant in the Court itself.Accordingly Mr. Giri paid by cheque bearing No. 394418 dated 19.01.2010 drawn on AXIS Bank Ltd for Rs.30,000/- and a cheque bearing No. 394419 dated 21.01.2010 drawn on AXIS Bank Ltd. for Rs.3,000/- on behalf of O.P. No. 2 – Respondent No. 2 also in satisfaction of the impugned order.Therefore, the impugned order stands satisfied to the extent of Rs.33,000/- against O.P. Nos. 1 & 2.When the imposition of cost in the appeal was being considered subject to encashment of the cheques no cost is imposed in the appeal against the said two O.Ps.The Complainant remains entitled to recover the dues from the O.P. No. 4 in terms of the impugned order as also a cost of Rs.1,000/- in the appeal as assessed against O.P. No. 4.Complainant has no further claim against the O.P. Nos. 1 & 2.In case the aforesaid cheques or one of them is dishonoured the Complainant will remain entitled to recover the said amount covered by the said cheques in terms of the impugned order through the Forum in accordance with law.
MR. A K RAY, Member
HON'BLE JUSTICE ALOKE CHAKRABARTI, PRESIDENT
MRS. SILPI MAJUMDER, Member
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