Date of filing: 09.12.2019 Date of disposal: 14.01.2020
Complainant: 1. Uday Chand Mondal.
2. Susil Kumar Mondal.
All are sons of Late Bhudahar
Chandra Mondal, all are resident of Sabitpur, PO: Baidyapur, PS: Kalna, District: Burdwan, PIN – 713 122.
Legal Heirs of deceased Nirod Kumar Mondal:-
- Swapna Mondal, W/o. Late Nirod Kumar Mondal.
- Shomashree Ghosh, W/o. Suvojit Ghosh.
Both are residents of Village: Sabitpur, PO: Baidyapur, PS: Kalna, District: Purba Bardhaman, PIN – 713 122.
Opposite Party: 1. Tarun Mitra, Proprietor of New Machinery Traders, Rammandir, Station Road, Chinsurah (R.S.), Hooghly, PIN – 712 102.
2. The Manager (Head Office), Greaves Cotton Ltd., 3rd Floor, Motilal Oswal Tower, Junction of Gokhale & Sayani Probhadevi, Mumbai- 400 025.
3. The Secretary, Ramnagar S.K.U.S. Ltd., Ramnagar, Baidyapur, Burdwan, PO: Baidyapur, District: Burdwan, PIN – 713 122.
4. The Manager, Mukherjee E-Tech Enterprise, Keshabganj Chatti, G. T. Road, Burdwan, PO. & Dist: Burdwan, PIN – 713 101.
5. The Manager, Branch Office, VOSTOK, 1st Floor, K.B. – 21, Sector – III, Salt Lake City, Kolkata – 91.
Present: Hon’ble President: Smt. Jayanti Maitra (Ray).
Hon’ble Member: Ms. Nivedita Ghosh.
Hon’ble Member: Shri Sailaranjan Das.
Appeared for the Complainant: Ld. Advocate, Anirban Banerjee.
Appeared for the Opposite Party No. 1: Ld. Advocate, Suvro Chakraborty.
Appeared for the Opposite Party No. 2 & 4: Ld. Advocate, Saurav Kumar Mitra.
Order No. 50, Dated: 14.01.2020
The present application for substitution of the legal heirs of Uday Chand Mondal, one of the petitioner of C. C. No. 220/2016 filed by Sushil Kumar Mondal, petitioner No. 2 for the death of petitioner No. 1 Uday Chand Mondal, which is registered as MA/95/2019.
It appears from the record that Uday Chand Mondal along with others, all are sons of Late Bhudhar Chandra Mondal of village Sabitpur, PO: Baidyapur, PS: Kalna filed an application under Section 12 of the C. P. Act against Ops for defective harvester machine which is not functioning after purchased, for refund of money amounting to Rs. 3, 36,000=00 along with Rs. 50,000=00 as compensation and Rs. 40,000=-00 for loss of paddy and further Rs. 10,000=00 as litigation cost.
All the Ops were appeared and contested the claim petition by filing written version.
Now it appears that during the pendency of the present claim application, complainant no. 1 Uday Chand Mondal intestate on 12.10.2019 leaving behind his wife as well as son and daughters.
According to Hindu Law all the legal heirs all entitled to proceed the present application on behalf of petitioner No. 1 Uday Chand Mondal since deceased and as such the present petition for substitution is filed.
On perusing the case record along with the petition it appears that the substitution petition filed on 05.11.2019 when Uday Chand Mondal died on 12.10.2019.
So the petition is well within time according to law and the legal heirs of complainant No. 1 - Uday Chand Mondal are his wife Shefali Mondal, only son Hiranmoy Mondal and two daughters Nilema Ghosh and Pratima Ghosh. So the Forum Court has no hesitation to consider the petition.
Hence, it is
O r d e r e d
that the M.A. being No. 95/2019 be and the same is allowed on contest without any cost.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated & Corrected by me: (Jayanti Maitra (Ray)
President
(Nivedita Ghosh) DCDRF, Purba Bardhaman
Member
DCDRF, Purba Bardhaman
(Sailaranjan Das) (Nivedita Ghosh)
Member Member
DCDRF, Purba Bardhaman DCDRF, Purba Bardhaman
