DIST. CONSUMER DISPUTES REDRESSAL FORUM

NORTH 24 Pgs., BARASAT.

Consumer Complaint no-202/2017

M.A. 190/2017

  Date of Filing:                 Date of Admission:                                Date of Disposal:

   13.04.2017                           02.05.2017                                               28.08.2017                                     

Complainant:-       Somnath Baisya, 190/2, Barasat Road,

                                P.O.-Nona Chandan Pukur, P.S.-Titagarh, Pin-700 122.

                                                                        VS.

OPs:-             1. The Manager, Khosla Electronics Private Limited,

                           3/13, S.M. Ali Road, Barrackpore, Pin-700 120.

                       2. The Manager of Dell Service Centre,

                            Chittaranjan Avenue, Chandni Chowk, Kolkata-700 072.

                       3. The Director, Dell international Services India

                           Private Limited, Divyashree Greens, Ground Floor,

                          Sl no-12/1, 12/2AQ, 13/1A, Varthur Hobli,

                          Bangalore South-560071.

P R E S E N T :-  Sri. Bankim Chandra Chattopadhyay…………President.

                            Sri. Siddharta Ganguli….…………………Member.                                    

                            Smt.  Silpi Majumder……………………  Member.                        

                                                              ORDER No:- 5

This order is arising out of the Miscellaneous Application filed by the Complainant in the Consumer Complaint no-202/2017 praying for amendment in the address of the OP-2 in the cause title of the petition of complaint.

In the application it is stated by the Complainant that due to inadvertence the address of the Op-2 has written wrongly. The actual address of the OP-2 will be as follows:-

The Manager of Dell service Centre, Plot no-32A, 1^st Floor,, Block-A, Trust House, Chittaranjan Avenue, Chandi Chowk, Bowbazar, Kolkata-700 012.  It is submitted by the Complainant that if the address is not amended, service of notice could not be effected and for this reason the complaint cannot be properly adjudicated upon. According to the Complainant if this application is not allowed, he will suffer irreparable loss and injury and accordingly prayer is made for allowing the instant application.

The OP-1 and 3 have duly received the application, who are present through their respective Ld. Advocate. The OP-1 and 3 have submitted that they have no objection in case of allowing the application of the Complainant.

We have perused the content of the application and heard from the contesting parties. In our view as the amendment as sought for in formal in nature which will not change the nature and character of the complaint, moreover such amendment will expedite the matter because until and unless service of notice upon the OP-2 cannot be served, the hearing of argument of the complaint cannot be taken up. Therefore in the interest of natural justice hence the application filed by the Complainant is hereby allowed on contest.

After amendment the existing address of the OP-2 will be completely deleted and the address as mentioned in the application be incorporated. The Complainant is directed to submit amended complaint showing the amendment as prayed for. Today the Complainant has submitted the amended complaint with a copy to the OP-1 and 3. The Complainant has filed another copy for service of notice upon the OP-2 at amended address. The office is directed to issue notice upon the OP-2 through speed post along with a copy of the complaint and other related documents, if any. Fix 06.12.2017 for s/r and appearance of the OP-2.

Let plain copy of this order be given to the parties free of cost as per the provision of the CPR, 2005.    

Member                                              Member                                          President

Dictated & Corrected by me-