DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
M.A. 22/2023
Arising out of C.C. No.116/2021
Date of Filing: Date of Admission: Date of Disposal:
27.03.2023 27.03.2023 26.04.2023
Complainant/s:- | Md. Kabirul Laskar, S/o. Late Md. Abdus Salam Laskar, Vill-Poltadanga, Laskar Para, P.O. Sondalia, P.S, Shasan, Dist-North 24 Pgs, Pin-743423. = Vs |
Opposite Party/s: | 1.Store-In-Charge /Authorised Person, Reliance Digital (Barasat) Reliance Retail Ltd, 2nd Floor, Suncity Mall, Jessore Road, P.O. and P.S.Barasat, Kolkata-700124, West Bengal. 2.Authorized Person IDFC FIRST BANK LIMITED (previously known as Capital First Limited), Kolkata Branch- 15, Park Street, Apeejay House, Block-B, 7th Floor, P.O. and P.S. Park Street, Kolkata-700016. 3. Authorized Person IDFC FIRST BANK LIMITED (previously known as Capital First Limited), Regd. Office at KRM Towers, 7th Floor, 1, Harrington Road, Chetpet, P.O. Chetput, P.S. G7 Chetpet, Chennai-600031. |
P R E S E N T :- Smt. Monisha Shaw …………………. Member.
:- Sri. Abhijit Basu …………………. Member.
JUDGMENT/FINAL ORDER
The petition filed by O.P.. Nos. 2 and 3 are taken up today for hearing. The Ld. Advocate for both parties are present. Heard both side and considered. O.P. Nos. 2 and 3 submits for re-call the order dated 18.01.2023 passed by this commission. On a close scrutiny of the case record it is revealed that in order No.8 dated 10.05.2022 Ld. Commission passed an order that O.P. Nos. 2 and 3 filed a petition praying for time for filing written version on next date. Petition is moved, considered and allowed.
Fix 20.06.2022 for filing W/V along with cost of Rs. 1,000/- i.e(500/- +500/-) to Consumer Legal Aid A/c. and on 01.09.2022 this commission passed an order that ‘complainant and O.P. No.1 are present. O.P. No.1 directed to file vokalatnama on the next date fixed.
Contd/-2
M.A. 22/2023
Arising out of C.C. No.116/2018
:: 2 ::
As statutory period is over the case do run exparte against the other O.Ps.
Fix 16.11.2022 for filing evidence by the complainant’. One the said date complainant filed evidence and 19.12.2022 O.P.No.1 filed Q/ a and O.P. Nos. 2 and 3 filed a petition for filing questionnaires and it was allowed. Thereafter on18.01.2023 O.P. Nos. 2 and 3 filed Q/a and complainant filed reply of the questionnaires filed by the O.P. No.1. Next date was fixed for reply by the complainant.
In this stage O.P. Nos. 2 and 3 filed a petition being M.A. No.22/2023 dated 27.03.2023 The contents of the M.A. petition of O.P. Nos. 2 and 3 is for recall the order dated 18.01.2023 and / or intended to not press the questionnaires for filing written version and set aside the order dated 18.01.2023.
Reasons for Decision
The O.P. Nos. 2 and 3 was not filed W/V within statutory period and cost was not also deposited. Hence the case do run exparte against O.P. Nos. 2 and 3. The opposite party Nos. 2 and 3 did not mention in the M.A .petition that in which section of Consumer Protection Act, 2019 recall and set aside the order dated 18.01.2023.
Heard the petition, considered and rejected as this commission has no jurisdiction to recall and /or set aside the own order passed by this commission as per Consumer Protection Act, 2019.
Hence, the petition of M.A. 22/2023 is considered and rejected.
To 29.05.2023 for reply by the complainant.
Let plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated & Corrected by me
Member
Member Member
