Assam

StateCommission

CC/17/2016

Shri Partha Choudhury, The Managing Director, Assam Progressive Developers Ltd. - Complainant(s)

Versus

The Chief Executive Officer, Universal Power Transformer Pvt. Ltd. - Opp.Party(s)

Mr. S. Dutta

09 Dec 2016

ORDER

BEFORE THE ASSAM STATE CONSUMER DISPUTES REDRESSAL COMMISSION
GUWAHATI
 
Complaint Case No. CC/17/2016
 
1. Shri Partha Choudhury, The Managing Director, Assam Progressive Developers Ltd.
Progressive Tower, N. S. Avenue, Silchar, Pin-781005
Cachar
Assam
...........Complainant(s)
Versus
1. The Chief Executive Officer, Universal Power Transformer Pvt. Ltd.
Corporate Office at 11, Palace Road, Niton Building, 2nd Floor, Bangalore-560052
Karnataka
2. The Managing Director, Universal Power Transformer Pvt. Ltd.
Corporate Office at 11, Palace Road, Niton Building, 2nd Floor, Bangalore-560052
Karnataka
3. Mr. Saket Jalan, The Mars Developments
Newton Road, Rajarhat, Near City Centre-II, Above Spencer's Mall, Room No. 4F, Kolkata-700135
West Bengal
4. The Chairman, Silchar Municipal Board
P. O. Silchar, Pin-788001
Cachar
Assam
5. Transline Power Service, Electrical Consultancy
Satsanga Ashram Road (near Ashram), P. O. Vivekananda Road, Silchar, Pin-788007
Cachar
Assam
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. JUSTICE A. Hazarika PRESIDENT
 HON'BLE MR. Dilip Kr. Mahanta MEMBER
 
For the Complainant:Mr. S. Dutta, Advocate
For the Opp. Party:
Dated : 09 Dec 2016
Final Order / Judgement

               Mr. S. Dutta, learned counsel appearing for the complainant has prayed that he be allowed to withdraw the complaint case with liberty to approach the appropriate Forum. Prayer is allowed.

               Mr. Dutta has also prayed for an observation from the Commission that the complainant shall receive the benefit of section 14 (1) of the Limitation Act, 1963 while calculating period of limitation in any subsequent proceeding relating to the same matter in issue. The Commission is satisfied that the proceeding before it was prosecuted in a bona fide manner and as such, is of the opinion that the benefit of section 14(1) of the Limitation Act, 1963 should be given to the complainant in case the complainant chooses to initiate another proceeding relating to the same matter in issue. Therefore this prayer of Mr. Dutta is granted as well.

              With the aforesaid observations, the complaint case is dismissed on withdrawal. 

 
 
[HON'BLE MRS. JUSTICE A. Hazarika]
PRESIDENT
 
[HON'BLE MR. Dilip Kr. Mahanta]
MEMBER

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