DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 314/2023    

P R E S E N T                :- Sri Daman Prosad Biswas………President.

                                       :- Sri.  Abhijit Basu………………. Member.

Order No.09

Dated.06.08.2024

Today is fixed for hearing the petition dated 08/07/2024 which registered as M.A. case no. 217/2024.

Ld. Advocate for the Complainant is present.

Petition dated 08/07/2024 is taken up for hearing.  Heard Ld. Advocate for the Complainant. Perused the petition.

Ld. Advocate for the Complainant is present. Petition dated 04/07/2024 filed by the Complainant which registered as M.A. 217/2024 is taken up for hearing.

Heard Ld. Advocate for the Complainant. He submits that he by filing the said petition prayed for service of summon by way of dasti summon.

He further submits that as per rule 9A of Order V, C.P.C is applicable in the Commission. He prayed for necessary order.

Perused Section 38 (9) of C.P. Act, 2019. It has been stated in sub rule (a), that District Commission shall have the same power as are vested in a Civil Court under the code of Civil Procedure, 1908 while trying a suit in respect of the summoning and enforcing the attendance of any defendant or witness and examining the witness on oath. 

In Civil Procedure Code, issue and service of summon has been described in order V of C.P.C. It is known to everybody that Civil Procedure Code is applicable in the Courts subordinate to Hon’ble High Court.

In our state subordinate Courts are under the Hon’ble Calcutta High Court.

To facilitate the provisions of Order V of C.P. code, Hon’ble Calcutta High Court framed Rules name & styled as West Bengal Civil Rules and Orders.

In West Bengal Civil Rules and Orders there is an establishment in the subordinate judiciary as per Rule 885 to 899.

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          C.C. No. 314/2023    

By the aforesaid rule one Nazarath Department has established along with staffs namely Nazir, Process Server and Peon. Mode of service has been described therein. How the summons will be served also described therein. It has also described therein that Process Server will serve the summon. Process Server will carry the summon and will tender the same to the party who may Defendant or O.P. He will return from the field and submit the report regarding service of summons before the Nazir of Nazarath Department and later shall forward the same to the concerned Court.

But in our establishment there is only one rule mentioned in Section 38 (2) (a) and 38 (3) (a) about the service of notice. To facilitate the provisions of order 5 there is no such establishment in this District Commission as Nazarath Department. So it is not possible for us to send any staff to the residence of O.P for tendering the summon directly to him. 

In such a situation we are unable to exercise the provisions which mentioned in the order 5 of C.P.C until and unless establishment of any such department in this District Commission.

Accordingly we are unable to allow the aforesaid prayer of the Complainant. Hence, the petition filed by the Complainant which registered as M.A. case no. 217/2024 is rejected.

M.A Case no 217/2024 nis thus disposed of.

To 04/09/2024 for steps by the Complainant.

Member                                            President