West Bengal

Kolkata-I(North)

MA/1/2020

Pawan Agarwal - Complainant(s)

Versus

The Regional Director, Public Debt Office, Reserve Bank of India and another - Opp.Party(s)

14 Jan 2020

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Miscellaneous Application No. MA/1/2020
( Date of Filing : 07 Jan 2020 )
In
Complaint Case No. CC/299/2019
 
1. Pawan Agarwal
S/o Late Arjun Das Agarwal, 22/1A, Jawaharlal Nehru Road, P.S. - New Market, Kolkata - 700087. And At 26/3, Hindustan Park, Kolkata - 700029.
...........Appellant(s)
Versus
1. The Regional Director, Public Debt Office, Reserve Bank of India and another
15, Netaji Subhas Road, 3rd Floor, Kolkata - 700001.
2. The Assistant General Manager, Public Debt Office, Reserve Bank Of India
15, Netaji Subhas Road, 3rd Floor, Kolkata - 700001.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'BLE MR. Sk. Abul Answar MEMBER
 HON'BLE MRS. Sagarika Sarkar MEMBER
 
For the Appellant:
For the Respondent: Buddhadeb Ghosh, Advocate
Dated : 14 Jan 2020
Final Order / Judgement

Order No.  1  dt.  14/01/2020

          The complainant filed this case against the o.ps. The complainant on 1st November,2019 served copy of the complaint petition along with annexure to the authorized representative of Reserve Bank of India and on behalf of the o.p. one Mr. Banamali Saha, Manager had appeared before this Forum on the said date. The complainant remained present on the next date but the o.p. did not appear through the authorized representative or by engaging a Lawyer to file the w/v and no prayer was made for filing w/v. The authorized representative was given copy of the petition along with all the annexure with a direction to file the written statement within the statutory period of 45 days but the o.p. did not file the w/v.

          In view of the said fact  this Forum was pleased to fix the case for proceeding against the o.ps as ex parte.

          The o.ps by filing this MA Case have prayed for modifying the Order No.4 dated 16th December,2019 and also prayed for setting aside the ex parte order by this Forum. Since this Forum has no jurisdiction to recall or modify its Order by vacating ex parte Order, thereby prayer of the o.ps for allowing the MA Case and by giving opportunity to the o.ps. for filing w/v in respect of CC Case No. 299/2019 cannot be allowed. Accordingly, we hold that the MA Case filed by the o.ps is a misconceived one and same is dismissed in limini.

 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
 
[HON'BLE MR. Sk. Abul Answar]
MEMBER
 
 
[HON'BLE MRS. Sagarika Sarkar]
MEMBER
 

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