| | | | 1. Dr. Harekrishna Biswas | | Quarter no.B2 -206/2, V.K. Nagar, P.O. Durgapur-10, P.S. - N.T.S., Dist. Burdwan, West Bengal, BIT Code No.3, Pin Code No.713 210. |
| ...........Complainant(s) | | Versus | | 1. The President, Dist. Consumer Disputes Redressal Forum, Burdwan | | Burdwan District, W.B., Muchipara, G.T. Road, P.O. - Sri Pally, Burdwan, Pin Code No.713 210. | | 2. Sri Bibek Mondal | | S/o Lt. Ananda Mondal, Girjapara, P.O. - Raniganj, Dist. Burdwan, West Bengal, Pin - 713 347. | | 3. Sri Nashim Ahmed, through the President, DCDRF, Burdwan | | West Bengal, Muchipara, G.T. Road, P.O. - Sri Pally, Burdwan, Pin -713 103. | | 4. Sri Sovan Kumar, throughThe Hon'ble President, Dist. Consumer Disputes Redressal Forum, Burdwan , W.B | | Muchipara, G.T. Road, P.O. - Sri Pally, Dist. Burdwan, Pin Code No.713 103 | | 5. The Third Illegal & Unknown Person, through the Hon'ble President, Dist. Consumer Disputes Redressal Forum, Burdwan, W.B | | Muchipara, G.T. Road, P.O. - Sri Pally, Dist. Burdwan, Pin Code No.713 103 | | 6. The Fourth Illegal & Unknown Person, through the Hon'ble President, Dist. Consumer Disputes Redressal Forum, Burdwan, W.B | | Muchipara, G.T. Road, P.O. - Sri Pally, Dist. Burdwan, Pin Code No.713 103 | | 7. The fifth Illegal & Unknown Person, through the Hon'ble President, Dist. Consumer Disputes Redressal Forum, Burdwan, W.B | | Muchipara, G.T. Road, P.O. - Sri Pally, Dist. Burdwan, Pin Code No.713 103 | | 8. The Sixth Illegal & Unknown Person, through the Hon'ble President, Dist. Consumer Disputes Redressal Forum, Burdwan, W.B | | Muchipara, G.T. Road, P.O. - Sri Pally, Dist. Burdwan, Pin Code No.713 103 |
| ............Opp.Party(s) |
|
|
| ORDER | ORDER NO. 2 DT. 30.08.12MR. S.COARI, LD. MEMBER The record is placed today for passing necessary orders as regards admissibility of the present petition of complaint. On perusal of the petition of complaint along with the annexure and also after hearing the complainant, who is present in person, we find that in this petition of complaint the complainant has prayed for compensation to the tune of Rs. 1.00 crore along with other reliefs and in the process, the complainant has made amongst others the President, District Consumer Disputes Redressal Forum, Burdwan, a party as OP No. 1 and in the body of the petition of complaint the complainant has designated the President, District Consumer Disputes Redressal Forum, Burdwan, as an accused. The complainant has also designated the other Ops as accused as well. On further scrutiny of the petition of complaint it transpires that some of the Ops are described as unknown persons and the complainant has sought for service of notice upon those unknown Ops through the President, District Consumer Disputes Redressal Forum, Burdwan. On further scrutiny of the materials on record we find that the main grievance of the complainant is that the petition of complaint was dismissed on the ground of maintainability, vide Order No. 16 dt. 25.5.12. Thereafter, on 29.5.12 the complainant filed an application for recalling/revising the said order. The Ld. Forum asked the complainant to serve notice upon the other side in respect of his application for recalling of the order passed by the Ld. District Forum on 25.5.12. Not only that, the Ld. District Forum in the process also fixed a date for hearing of the petition filed by the complainant for revision of the order as mentioned above after service is completed. Being aggrieved by the Order No. 17 dt. 29.5.12 the complainant has filed the instant complaint instead of filing an Appeal. If that be the position, we do not find any cogent reason for instituting a consumer complaint by the present complainant before this Commission thereby seeking a compensation to the tune of Rs. 1.00 crore. As already mentioned above, the complainant has impleaded the Ld. President, District Consumer Disputes Redressal Forum, Burdwan, in respect of an order passed by the Ld. District Forum in a consumer proceeding pending before it, which, in our opinion, is not at all permissible under the law. Besides that, on perusal of the entire petition of complaint it is not understood as to how the complainant is aggrieved against the President, District Consumer Disputes Redressal Forum, Burdwan, or against some unknown persons especially when a judicial order was passed by the Ld. Forum. The manner in which the complainant has described the Ld. President, District Consumer Disputes Redressal Forum, Burdwan, as an accused, is also not permissible under the law. In fine, we consider the present petition of complaint to be devoid of merit and the same is liable to be dismissed without being admitted. Hence, it is ORDERED that the petition of complaint stands dismissed. | |
