Assam

Dibrugarh

CC/21/2013

SATYANARAYAN SINGH - Complainant(s)

Versus

THE MANAGER/ MANAGEMENT OF ASSOCIATED FLOUR MILLS, PVT DIBRUGARH - Opp.Party(s)

31 Oct 2020

ORDER

FINAL ORDER
DISTRICT CONSUMER FORUM, DIBRUGARH
 
Complaint Case No. CC/21/2013
( Date of Filing : 29 Aug 2013 )
 
1. SATYANARAYAN SINGH
NEAR ASSOCIATED FLOUR MILLS PVT, DIBRUGARH
DIBRUGARH
ASSAM
...........Complainant(s)
Versus
1. THE MANAGER/ MANAGEMENT OF ASSOCIATED FLOUR MILLS, PVT DIBRUGARH
DIBRUGARH
DIBRUGARH
ASSAM
2. REGIONAL PROVIDENT FUND COMMISSIONER
PRAKASH BAZAR, TINSUKIA TOWN
TINSUKIA
ASSAM
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE SHRI P. R. KOTOKY PRESIDENT
 HON'BLE MRS. Dr. Manashi Dutta MEMBER
 
PRESENT:
 
Dated : 31 Oct 2020
Final Order / Judgement

The case was fixed for judgment initially on 31/01/2017 vide this Forum's order dated 05/12/2016. As 31/01/2017 was a declared holiday the case was put-up on 01/02/2017 and fixed 14/03/2017 for judgment. Due to absence of the complainant the judgment could not be delivered on 14/03/2017 and fixed 18/05/2017 for the same. On 18/05/2017 the OP No.1 informed the Court that the complainant was expired on 05/01/2017. But as no information in this regard was furnished by the complainant's side the Forum fixed 27/06/2017 for necessary order. On 27/06/2017 the complainant was represented by his representative filed petition No.407/17 stating that the complainant has expired and prayed to declare the judgment, as the case was fixed for judgment. But the Forum held that in absence of the complainant the judgment cannot be pronounced and was pleased to fix the case for hearing on the point of representation of the case by impleading legal heirs fixing 01/08/2017 for the same. Vide order dated 01/08/2017 the Forum was pleased to pass order rejecting the prayer of impleading the heirs of the complainant as the complainant was not represented by his authorised representative on that date and fixed the case for judgment again on 18/09/2017. On 18/09/2017 the complainant was represented and two nos. of petitions being pet No.558/17 and 559/17 were filed on behalf of the complainant with prayer to implead one Shri Modon Singh as heir of deceased complainant Satyanarayan Singh in the case as the complainant Satyanarayan Singh died on 05/01/2017 in Bihar and to authorise Shri P. Rai to represent Shri Modaon Singh before the Forum. As the President was on leave the case was fixed on 30/11/2017 for necessary order. Both the parties were absent on that date and the case was again fixed on 06/01/2018 for necessary order. Due to absence of the complainant the case was refixed on 03/03/2018 for the same. On 03/03/2018 the representative of the complainant vide petition No.117/18 informed the Forum that he has not received the copy of information regarding nominee of the complainant from the Assistant E.P.F. Commission and prayed time to collect the same which was allowed fixing 17/04/2018 for submission of record regarding nominees. On 17/04/2018 the complainant was again defaulted in appearing before the Forum without step. But the OP No.1 filed the photo copies of form No.10-D and form No. 10-C whereon the name of the nominee of the complainant was recorded. The Forum fixed the case for judgment on 31/05/2018. But from 31/05/2018 to till this date for 20 dates the complainant is seen to be absent before the Forum without any step. On the otherhand the OP No.1 was present/represented in almost all the dates fixed except a few. My predecessor observed in more than once that the complainant was dragging the case unnecessarily for a long time. Moreover the OP No.1 vide petition No.04/2020 dtd. 09/01/2020 informed the Forum that the claim of the complainant for which the case was filed was settled by the OP No.2 in the year 2014 and a judgment in that regard was passed by the council on 09/07/2014.

Considering all the aspects as discussed above I found no reason to continue this old pending case for any longer and the case is hereby dropped for non-prosecution.

 
 
[HON'BLE MR. JUSTICE SHRI P. R. KOTOKY]
PRESIDENT
 
 
[HON'BLE MRS. Dr. Manashi Dutta]
MEMBER
 

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