| STATE CONSUMER DISPUTES REDRESSAL COMMISSION | | WEST BENGAL | | 11A, Mirza Ghalib Street, Kolkata - 700087 |
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| First Appeal No. A/248/2019 | | ( Date of Filing : 11 Mar 2019 ) | | (Arisen out of Order Dated 04/02/2019 in Case No. Complaint Case No. CC/294/2013 of District Howrah) |
| | | | 1. Bijali Adhikary | | D/o Sona Adhikary, Vill. - Dakskhinbari, P.O. -Domjur, Howrah - 711 405. |
| ...........Appellant(s) | |
| Versus | | 1. The Mg.Director,Bargachhia Nursing Home & Others | | P.O. & P.S. - Baragachhia, Howrah - 711 404. | | 2. The Managing Director, Greenview Nursing Home | | N.H. - 6, Alampur More, P.O. - New Kalarah, P.S. - Sankrail, Howrah - 711 302. | | 3. Dr. Chiranjib Dutta, C/o. Greenview Nursing Home | | N.H. - 6, Alampur More, P.O. - New Kalarah, P.S. - Sankrail, Howrah - 711 302. | | 4. Sonali Manna, C/o. Greenview Nursing Home | | N.H. - 6, Alampur More, P.O. - New Kalarah, P.S. - Sankrail, Howrah - 711 302. |
| ...........Respondent(s) |
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| BEFORE: | | | | HON'BLE MR. JUSTICE MANOJIT MANDAL PRESIDENT | | | HON'BLE MR. SHYAMAL KUMAR GHOSH MEMBER | |
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| PRESENT: | Mr. Souvik Chatterjee, Advocate for the Appellant 1 | | | Suman Mallick, Advocate for the Respondent 1 | | | Mr. Soumen Mondal, Advocate for the Respondent 1 | | | Suman Mallick, Advocate for the Respondent 1 | | | Mr. Soumen Mondal, Advocate for the Respondent 1 | |
| Dated : 06 Dec 2022 |
| Final Order / Judgement | HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT - The instant appeal under section 15 of the Consumer Protection Act, 1986 ( in short, ‘the Act’) is at the behest of the complainant Bijoli Adhikari to assail the order No. 28 dated 04/02/2019 passed by the Ld. District Consumer Disputes Redressal Forum, Howrah ( in short, ‘Ld. District Forum’) in connection with consumer complaint No. CC/294/2013 whereby the complaint lodged by the appellant under section 12 of the Act was dismissed for default.
- The appellant herein being the complainant lodged the complaint before the Ld. District Forum on the allegation of deficiency in service on the part of the respondent / opposite parties. The appellant lodged the complaint before the Ld. District Forum praying for the following reliefs :-
“a) An order directing the Opposite Party to refund the amount of Rs. 10 lakhs with interest of 8%. b) An order directing the Opposite Party to pay litigation cost in favour of the complainants which is assessed @ 10% approx. c) And / or pass such other or further order/ orders, relief / reliefs as this Hon’ble Commission may deem fit and proper.” - In the instant case, on the date of passing the impugned order, the complainant did not take any steps. On the previous 3 days i.e. on 27/08/2019, 01/11/2018 and 24/12/2018 also the appellant did not take any steps.
- Ld. Advocate appearing for the appellant has submitted that as the case is a meritorious one, an another opportunity may be given to the appellant to proceed with the case keeping in view the object behind the legislation of the Act.
- Considering the facts and circumstances and keeping in view the word ‘protection’ in the Act, we think that another opportunity should be given to the appellant / complainant to place all his cards before the Ld. District Forum in accordance with the spirit behind the legislation of the Act for redressal for his grievances. For the reasons aforesaid, the appeal is allowed on contest.
- The impugned order is hereby set aside.
- Both the parties are, therefore, directed to appear before the Ld. District Forum on 27/12/2022 to receive further direction from the said authority. It is also made clear that if the complainant fails to appear on the date fixed or any subsequent date / dates either by herself or through her Ld. Advocate before the Ld. District Forum, this order will automatically stand cancelled.
- The Registrar of this Commission is directed to send a copy of the order to the Ld. District Consumer Redressal Forum, Howrah for information.
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| | | [HON'BLE MR. JUSTICE MANOJIT MANDAL] | PRESIDENT
| | | | | | [HON'BLE MR. SHYAMAL KUMAR GHOSH] | MEMBER
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