DIST. CONSUMER DISPUTES REDRESSAL FORUM
NORTH 24 Pgs., BARASAT.
M.A No.- 135/2019
Arising out of C.C. NO-459/2017
Date of Filing: Date of Disposal:
06.03.2019 06.03.2019
Complainants:- 1. Sanjay Chattopadhyay,
Son of Gobinda chatterjee
2. Gobinda Chatterjee
Son of Late Lakshmi Narayan chatterjee
Both are residing at 36,
Nimu Goswami Lane, P.O- Hatkhola
P.S- Jorabanga
Ward no- 20, Kolkata- 700005
=Vs=
Opposite Parties:- 1. The Chairman,
West Bengal State Electricity Distribution Co. Ltd
Vidyut Bhavan, Karunamoyee, Salt Lake City
Kolkata- 700091
2. The Station Manaistribution Co. Ltd.
Setpukur, P.O & P.S- Barasat
Dist- North 24 Pgs, Kolkata- 700124
P R E S E N T :- Sri. Bankim Chandra Chattopadhyay………….President.
:-Smt. Silpi Majumder ……………………………………Member.
:- Smt. Monisha Shaw …………………………………….Member.
Order No- 07
This order is arising out of the MA being no-135/2019 filed by the Complainants in the CC no-459/2017 praying for amendment in the cause title of the complaint in respect of Op 2.
In the application the complainants have stated that due to typographical mistake in the cause title of the complaint in respect of the Op 2 it is written as “The Station Manaistribution Co. Ltd”, but the same will be “The Station Manager, WBSEDCL”. According to the complainants if the said error is not rectified, the interest of the complainants will be seriously prejudiced. The complainants have prayed for allowing this application.
The copy of this application has duly been received by the Ld. Counsel for the Op 1 with objection. During argument of this application the OP 1 has stated that W/V has already been filed by the Op 1 and the same is accepted by this Ld. Forum. At this juncture if the prayer for amendment is allowed, further chance should be given to the Op 1 for filing additional W/V. According to the Op 1 this application is liable to be dismissed having no merit.
Cont…………….2
:2:
M.A No.- 135/2019
Arising out of C.C. NO-459/2017
Upon careful perusal of the application filed by the complainants it is seen by us that the amendment as sought for by the complainants is a very simple in nature i.e. typographical mistake in its spelling, which will not change the nature and character of this complaint. According to us in the interest of Natural Justice the prayer as made out by the complainants should be allowed.
Hence it is ordered that the MA 135/2019 is hereby allowed on contest without any cost.
Fix 02.07.2019 for filing amended complaint by the complainants showing the amendment as sought for without any fail.
Let plain copy be given to the parties free of cost as per the Provision of the CPR, 2005.
Member Member President
Dictated & Corrected by