West Bengal

Burdwan

MA/59/2020

Rohit Hazra - Complainant(s)

Versus

The Blue Print - Opp.Party(s)

25 Jun 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
BDA GUEST HOUSE ( 1ST FLOOR ) KALNA ROAD BADAMTALA
Dist Purba Bardhaman - 713101
WEST BENGAL
 
Miscellaneous Application No. MA/59/2020
( Date of Filing : 15 Dec 2020 )
In
Complaint Case No. CC/160/2020
 
1. Rohit Hazra
BURDWAN
...........Appellant(s)
Versus
1. The Blue Print
BURDWAN
...........Respondent(s)
 
BEFORE: 
 HON'BLE MRS. Lipika Ghosh PRESIDING MEMBER
 HON'BLE MR. Atanu kumar Dutta MEMBER
 
PRESENT:
 
Dated : 25 Jun 2024
Final Order / Judgement

Order Date: 25.06.2024

 

 

                        The M.A. case being No. 59/2020 is taken up for hearing and order.

 

                        Ld . Advocate for the complainant is present.

 

                        Heard the  Ld. Advocate for the complainant.

 

On 15.12.2020 the complainant filed a petition supported by affidavit stating that the cause of action of the present case has been arisen on 18.10.2018 when the OP Nos. 1 & 2 handed over the disputed report. The complainant was ready to file the complaint in the month of March, 2020, i.e. Within the statutory period of filing a complaint but due to lack of some documents the complaint has not been filed before 16.03.2020. Subsequently, lock-down has been started due to spread of Covid-19 and all the communication has been stopped. The complainant is a residence of a remote village and rail is the only communication. After starting of unlock procedure, the complainant somehow reached at Burdwan in the last week of November with all documents and Ld. Advocate of the complainant took necessary steps to file this present complaint. For those unavoidable circumstances, there is a delay of 57 days in fling of this present case and prays for condonation of delay.

Perused the case record and the petition for condonation of delay i.e.   M.A. case 

 

 being No. 59/2020.

 

We have gone through the Order passed by the Hon’ble Apex Court in Misc. Application No. 21 of 2022 where in order directing that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purpose of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings. 

Under the above facts and circumstances of the case  and considering the submission of the complainant, we opine,   that the petition filed by the complainant under the provision of 69(2) of the C.P. Act, 2019, for condonation of delay, is hereby allowed and the delay for 57 days in filing the complaint is hereby condoned .

 

Hence, it is

                                                        ORDERED

 

that this M.A. Case being No. 59/2020  be allowed  condoning the delay of 57 days in filing the complaint .

          The M.A. case being No. 59/2020 is thus disposed of .

Let a copy of this order be given to the complainant on free of cost.

 

 

  Member                                                President-in-Charge

              D.C.D.R.C., Purba Bardhaman                    D.C.D.R.C., Purba Bardhaman

 

 
 
[HON'BLE MRS. Lipika Ghosh]
PRESIDING MEMBER
 
 
[HON'BLE MR. Atanu kumar Dutta]
MEMBER
 

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